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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSM. The Family, Family Home (Family Code, arts. 149-162)

Question

III. PERSONS AND FAMILY RELATIONS

M. The Family, Family Home (Family Code, arts. 149-162)

1. Alex and Maya are a married couple with two children. They recently acquired a parcel of land which they intend to use as their family home. They approached you for legal advice regarding the benefits and limitations of establishing a family home. Analyze the following scenarios and provide concise answers:

  1. What are the requirements for a property to be considered as a family home? Explain.
  2. If Alex and Maya decide to mortgage their family home, would this be permissible under the law? Provide the legal basis for your answer.
  3. In the event of the death of one spouse, what happens to the family home? Discuss the rights of the surviving spouse and the children, if any.
  4. Can the family home be sold or disposed of without the consent of both spouses? Explain.



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Bar Review Question: III. PERSONS AND FAMILY RELATIONS M. The Family, Family Home (Family Code, arts. 149-162) 1. Alex