Question

Marlon and Maria are married for five years and have two children, John and Jane. They decided to establish a family home to secure their residence and protect it from creditors. Marlon, as the head of the family, executed a declaration of the family home and registered it with the Registry of Deeds.

Recently, Marlon encountered financial difficulties and incurred substantial debts. In order to pay off his debts, he decided to sell the family home without the consent of Maria and to use the proceeds to settle his obligations. Maria, upon learning about this, immediately sought legal advice.

Advise Maria on the following:

1. Is the sale of the family home by Marlon valid?
2. What are the remedies available to Maria to protect her interest in the family home?