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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSM. The Family, Family Home (Family Code, arts. 149-162)

Question

Question:

Mr. Santos and Mrs. Reyes are a married couple who recently purchased a property to be used as their family home. They have three children: Alex, Bianca, and Carlos. Unfortunately, the couple is facing financial difficulties and is considering selling the family home to resolve their debts. Meanwhile, their son Carlos is planning to get married and wants to have his wedding reception at the family home.

Discuss the following issues:

  1. Can Mr. Santos and Mrs. Reyes sell the family home without the consent of their children? Explain your answer citing the provisions of the Family Code.
  2. What are the rights of the children with regard to the family home? Are they entitled to seek legal protection against the sale of the property? Explain.
  3. Can Carlos insist on having his wedding reception at the family home despite the possibility of the property being sold? Discuss the limitations and conditions imposed by the law.



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