Title V — The Family
Article 158
ELI5— what this means for you
The family home continues to be protected even after the death of one or both spouses as long as any of the minor beneficiaries still lives there. The family home cannot be partitioned during this period.
Key point
Even after a parent dies, minor children living in the family home keep its protection — it cannot be sold or seized while they remain minor residents.
Official text — EO 209
The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)
Source: lawphil.net (EO 209 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.