Family Home

1. WHAT CONSTITUTES A FAMILY HOME

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, Ibid.)

When deemed constituted. 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. (Article 153, Ibid.)

Only 1 family home. For purposes of availing of the benefits of a family home, a person may constitute, or be the beneficiary of, only one family home. (Article 161, Ibid.)

Family residences. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. (Article 162, Ibid.)

2. BENEFICIARIES

The beneficiaries of a family home are:1) The husband and wife, or an unmarried person who is the head of a family; and2) 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. (Article 154, Ibid.)

c. EXEMPT FROM EXECUTION, FORCED SALE, ATTACHMENT

General Rule: The family home shall be e...

 



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