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

A and B are married and are co-owners of a residential property. They have two children, C and D. A sudden financial difficulty arises and A, without the knowledge and consent of B, decides to sell their family home to settle their debts.

Discuss the following:

  1. Is A allowed to sell the family home without the consent of B? Explain.
  2. What are the rights of B and the children (C and D) in relation to the family home?
  3. What remedies are available to B and the children (C and D) if the family home is sold without their consent?


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