Published — July 28, 2020
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Aside from this article regarding Family Home, read also: WHAT CHARGES MAY BE DEDUCTED FROM THE ABSOLUTE COMMUNITY PROPERTY?
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The family home is the dwelling house where the family resides, and the land on which it is situated.
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The family home is exempt from execution, forced sale, or attachment.
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The family home must be the place where the owner or family resides for it to be exempt from attachment, levy, or forced sale.
What is a Family Home? Is there a benefit of having a family home?
Under the Family Code:
The family home constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (Article 152, Family Code)
The beneficiaries of a family home are:
- The husband and wife, or an unmarried person who is the head of a family; and
- Their parents, ascendants, descendants, brothers and sisters, whether the relationship is legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support. (Article 154, Family Code)
The benefit of having a family home is that, it shall be exempt from execution, forced sale or attachment except:
- For nonpayment of taxes;
- For debts incurred prior to the constitution of the family home;
- For debts secured by mortgages on the premises before or after such constitution; and
- For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building. (Article 155, Family Code)
When the family home is exempt from execution
As a rule, the family home is exempt from attachment, levy or forced sale. The reason for the rule is to avoid a situation where a family shall be homeless, such that it would become a lepper or burden to society. These are the protections given by law to the family home, which really needs and deserve protection as the home is the seat and symbol of family affections and it should not be liable to be seized for debts except in certain special cases.
The family home must be the place where the owner or family resides for it to be exempt from attachment, levy or forced sale. Thus, if a maid is paid to reside therein while the family is abroad, it is not exempt.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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