All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ M. The Family, Family Home (Family Code, arts. 149-162)

Question

III. PERSONS AND FAMILY RELATIONS
Topic: M. The Family, Family Home (Family Code, Arts. 149-162)

Scenario:

Spouses Ana and Mark are married and own a house which they declared as their family home. They have two minor children, Sarah and Ben. Recently, they encountered financial difficulties and are unable to pay their debts. As a result, their creditors are threatening to take legal action against them.

Question:

Under the Family Code, what are the rights and obligations of Ana and Mark as owners of the family home?
Can the family home be executed upon to satisfy their debts? Explain.
What are the exceptions to the rule that the family home is exempt from execution and forced sale? Provide at least three examples.

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