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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

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

Alex and Maria, a married couple, decided to purchase a property to be used as their family home. They immediately moved into the house and started living there with their three children. They also registered the property as a family home in accordance with the provisions of the Family Code.

After a few years, Alex's business encountered financial difficulties and he incurred a substantial amount of debt. The creditors, seeking to collect their dues, initiated legal action against Alex. In the course of the proceedings, the creditors discovered that Alex and Maria own a family home.

Based on the given information and the provisions of the Family Code, answer the following questions:

  1. Can the creditors proceed to collect their dues from the family home owned by Alex and Maria? Explain.
  2. If the family home is sold to satisfy the creditors' claim, what rights, if any, do Maria and their children have in relation to the proceeds of the sale?
  3. Suppose Maria decides to separate from Alex due to their irreconcilable differences. Can Maria still claim her right to the family home? Explain.
  4. What legal recourse, if any, does Alex have to protect the family home from being sold to satisfy his debts? Explain.



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