Question

In a certain province in the Philippines, the Dela Cruz family has been living in a house for several years. The family consists of Mr. and Mrs. Dela Cruz and their three children. The Dela Cruz family had acquired the property using their conjugal funds. Mr. Dela Cruz passed away recently, leaving Mrs. Dela Cruz and their three children as his heirs.

Despite their grief, the family faces a new challenge because a distant relative of Mr. Dela Cruz claims that the property should be sold and the proceeds divided among all the heirs. On the other hand, Mrs. Dela Cruz wants to continue living in the family home, asserting that it should be considered as their family home under the law.

1. Can the Dela Cruz family consider the house as their family home under the Family Code? Explain.

2. What are the rights and obligations of the surviving spouse in relation to the family home? Discuss.

3. Suppose the distant relative insists on selling and dividing the proceeds of the family home, what legal actions can the Dela Cruz family take to protect their rights? Explain.