Article 152 of the Family Code: The family home
Status: In force
What does Article 152 say?
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.
What does it mean in plain language?
The family home is the house where the family lives and the land on which it stands. Article 152 of the Family Code says it is constituted jointly by the husband and wife, or by an unmarried head of a family. It is constituted once the family occupies it.
The Family Code gives the family home a special protection: it is exempt from execution, forced sale or attachment, with some exceptions and up to a value limit. Those exceptions are explained on the Article 155 page.
How does it work in real life?
Vic and Wena: their own house and lot
Vic and Wena built their house on their own lot and live there with their children. It became a family home by operation of law when they started living in it (Article 153).
Xian: a house on a cousin's land
Xian lives in a house he built on land owned by his cousin. It is not a family home, because a family home must be on property owned by those who constitute it, as in the Cabang case.
Yolly: after her husband's death
Yolly's husband died several years ago. Their children are all adults, and none depends on Yolly for support. Article 159 says the family home continues for ten years after a spouse's death, or as long as there is a minor beneficiary. After the ten years, the heirs may partition it, as in the Patricio case.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The family home may be sold, donated or mortgaged by its owners only with the written consent of the person who constituted it, that person's spouse, and a majority of the beneficiaries of legal age. If they disagree, the court decides (Article 158).
- A person may constitute, or be the beneficiary of, only one family home (Article 161).
- When creditors can still reach the family home: Article 155.
- For selling property of the spouses in general, see Article 96, Article 124 and can a spouse sell conjugal property without consent?
- For what creditors can and cannot do, see can creditors take the family home?
What does Article 152 say?
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.
When does a house become a family home?
From the moment the family lives in it:
The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law.
In Ramos v. Pangilinan (2010), the Supreme Court said all family homes built after the Family Code took effect are constituted as such by operation of law, and that family residences existing when the Code took effect are entitled to its benefits from then on. The Court added that a claim of exemption "must be set up and proved", including proof that the home was constituted jointly by the husband and wife or by an unmarried head of a family.
On whose property can it be built?
Article 156 says the family home must be part of the absolute community or the conjugal partnership, or the exclusive property of either spouse with the latter's consent. An unmarried head of a family may constitute it on his or her own property. Property bought on installments, where the seller keeps ownership only to guarantee payment, may also be a family home.
In Cabang v. Basay (2009), houses stood on land owned by the other party in the case. The Court said a family home must be constituted on property owned by the persons constituting it, so the houses were not a family home.
Who benefits from the family home?
The beneficiaries of a family home are: (1) The husband and wife, or an unmarried person who is the head of a family; and (2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support.
In Patricio v. Dario III (2006), the Court said three requisites must concur for a relative to be a beneficiary: the relationship is in Article 154, the person lives in the family home, and the person depends on the head of the family for legal support. A grandson who lived in the house but depended on his father, not his grandmother, was not a beneficiary.
Is there a value limit?
Article 157 says the actual value of the family home, at the time it is constituted, shall not exceed three hundred thousand pesos (₱300,000) in urban areas and two hundred thousand pesos (₱200,000) in rural areas, "or such amounts as may hereafter be fixed by law". If the value of the currency changes, the value most favorable to the family home is the basis. Urban areas include chartered cities and municipalities whose annual income at least equals that required for chartered cities; all others are rural.
Frequently asked questions
What is the family home under Philippine law?
Article 152 of the Family Code says it is the dwelling house where the husband and wife, or an unmarried head of a family, and their family reside, and the land on which it is situated.
Do I need to register my house as a family home?
Under Article 153, the family home is deemed constituted from the time the house and lot are occupied as a family residence. In Ramos v. Pangilinan (2010), the Supreme Court said family homes built after the Family Code took effect are constituted by operation of law.
Can a family home be built on land owned by someone else?
As a rule, no. Article 156 says the family home must be part of the community or conjugal property, or the exclusive property of a spouse with the latter's consent, or the property of an unmarried head of a family. It also allows property bought on installments where the seller keeps ownership only to guarantee payment. In Cabang v. Basay (2009), houses built on land owned by the other party were not a family home.
Who are the beneficiaries of a family home?
Under Article 154, the spouses or the unmarried head of the family, and their parents, ascendants, descendants, brothers and sisters who live in the home and depend on the head of the family for legal support.
Is there a value limit for a family home?
Article 157 says the actual value at the time of constitution shall not exceed three hundred thousand pesos in urban areas and two hundred thousand pesos in rural areas, or amounts later fixed by law. If the value of the currency changes, the value most favorable to the family home is used.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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