Question

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

Scenario:

John and Jane are a married couple with two children. They own a house and lot as their family home. Recently, John decided to sell their family home without Jane's consent. Jane strongly opposes the sale and wants to protect their family home for the benefit of their children. She seeks legal advice on how to prevent the sale of the family home and preserve their rights as a family.

Question:

1. What are the rights of Jane as a co-owner of the family home under the Family Code? Discuss the legal provisions that protect the family home from alienation or encumbrance without the consent of the other spouse.
2. Can Jane institute any legal action to prevent the sale of the family home? Explain the appropriate remedy available to her under the Family Code.