Question

1. Juan and Maria have been married for five years and have two children, Sofia and Diego. They decide to establish a family home in accordance with the provisions of the Family Code. They assign a residential house, owned by Maria before their marriage, as their family home. Juan and Maria then execute a declaration of the existence of the family home, duly registered with the Register of Deeds.

a) What are the requirements for a property to be considered as a family home?

b) Can Juan and Maria assign a residential house owned by Maria as their family home without the consent of their children?

c) What are the effects of the establishment of a family home on the rights and obligations of Juan, Maria, and their children?

2. Pedro and Linda are married and have three children. They decided to separate due to irreconcilable differences. Pedro left their conjugal home and rented an apartment for himself. Linda and the three children continue to reside in the conjugal home. Pedro now wants to sell the conjugal home and divide the proceeds with Linda.

a) Can Pedro sell the conjugal home without the consent of Linda and their children?

b) What remedies are available to Linda and the children to protect their rights over the conjugal home?

c) Discuss the concept of "right to reside" and its implications on the disposition of the conjugal home.

3. Miguel and Anna have been living together as an unmarried couple for 10 years and have a child named Sophia. They decide to separate, and Miguel takes ownership of the house, which was acquired during their cohabitation. Anna now wants to claim her share in the property.

a) Can Anna claim any rights over the property even if she and Miguel were not legally married?

b) What legal remedies are available to Anna in asserting her claim to the property?

c) Discuss the rights of children born outside of wedlock in relation to property acquired during cohabitation.