Question

Review Question III: PERSONS AND FAMILY RELATIONS

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

1. Ben and Alice got married and decided to establish a family home in accordance with the provisions of the Family Code. They acquired a residential property and registered it as their family home. Years later, they encountered financial difficulties and were unable to pay their debts. As a result, their property was foreclosed by the bank. Ben and Alice want to know if their family home is exempt from execution and forced sale to satisfy their debts. Discuss the legal effect of the family home under the Family Code and its exemption from execution and forced sale.

2. John and Mary are a married couple with three children. They have been experiencing marital problems and decided to separate temporarily to assess their relationship. During their separation, John spent most of his time with his parents in their ancestral house, while Mary and the children continued to live in the conjugal home. Mary eventually filed for legal separation. In the proceedings, John claims that the ancestral house owned by his parents should be considered as their family home and thus, cannot be subject to division or administration as part of their conjugal properties. Analyze whether the ancestral house can be considered as John and Mary's family home under the Family Code.

3. Anne and Robert are a married couple and are the parents of a minor child named James. Anne works as a nurse while Robert is a seafarer. Due to the nature of Robert's work, he is frequently away from home for months at a time. Anne wants to know if she can establish a family home on her own in the absence of Robert. Explain the conditions and requirements for the establishment of a family home, especially in cases where one spouse is consistently absent.

4. Michelle and Mark are married and have decided to separate amicably. They agree that their children will primarily reside with Michelle, but both parents want to maintain a close relationship and involvement in their children's lives. They are considering entering into a co-parenting arrangement where they both have significant participation in decision-making and obligations towards their children. Discuss the concept of co-parenting as recognized under the Family Code and its implications on the rights and responsibilities of the parents.

5. David and Sarah got married and acquired a residential property as their family home. Several years into their marriage, Sarah passed away. David wants to remarry but is concerned about the disposition of their family home. He wants to know if he can freely dispose of the property or if there are any restrictions due to it being their family home. Explain the rights and limitations of a surviving spouse regarding the disposal of the family home under the Family Code.