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    Some Guide Questions: What Are The Rules For The Family Home To Be Exempt From Execution?

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    K Anne
    For family homes constructed before the Family Code, they must have been judicially or extra-judicially constituted under the Civil Code and registered. Family homes built after don't require constitution but are exempt from the time of construction if a beneficiary resides there. The exemption must be set up and proved in court or to the sheriff to prevent the home's sale during execution proceedings. Both the Civil Code and Family Code require the exemption claim be asserted and proved, rather than just alleged.

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    Some Guide Questions: What Are The Rules For The Family Home To Be Exempt From Execution?

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    K Anne
    30 views2 pages
    For family homes constructed before the Family Code, they must have been judicially or extra-judicially constituted under the Civil Code and registered. Family homes built after don't require constitution but are exempt from the time of construction if a beneficiary resides there. The exemption must be set up and proved in court or to the sheriff to prevent the home's sale during execution proceedings. Both the Civil Code and Family Code require the exemption claim be asserted and proved, rather than just alleged.

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    SOME-GUIDE-QUESTIONS

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    For family homes constructed before the Family Code, they must have been judicially or extra-judicially constituted under the Civil Code and registered. Family homes built after don't require constitution but are exempt from the time of construction if a beneficiary resides there. The exemption must be set up and proved in court or to the sheriff to prevent the home's sale during execution proceedings. Both the Civil Code and Family Code require the exemption claim be asserted and proved, rather than just alleged.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    30 views2 pages

    Some Guide Questions: What Are The Rules For The Family Home To Be Exempt From Execution?

    Uploaded by

    K Anne
    For family homes constructed before the Family Code, they must have been judicially or extra-judicially constituted under the Civil Code and registered. Family homes built after don't require constitution but are exempt from the time of construction if a beneficiary resides there. The exemption must be set up and proved in court or to the sheriff to prevent the home's sale during execution proceedings. Both the Civil Code and Family Code require the exemption claim be asserted and proved, rather than just alleged.

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    © All Rights Reserved
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    SOME GUIDE QUESTIONS:

    What are the rules for the family home to be exempt from execution?

    If the family home was constructed before the effectivity of the Family Code, then it
    must have been constituted either judicially or extra-judicially as provided under
    Articles 225, 229-231 and 233 of the Civil Code. Judicial constitution of the family
    home requires the filing of a verified petition before the courts and the registration
    of the court’s order with the Registry of Deeds of the area where the property is
    located. Meanwhile, extrajudicial constitution is governed by Articles 240 to 242 of
    the Civil Code and involves the execution of a public instrument which must also be
    registered with the Registry of Property.

    For family homes constructed after the effectivity of the Family Code, there is no
    need to constitute extrajudicially or judicially, and the exemption is effective from
    the time it was constituted and lasts as long as any of its beneficiaries actually
    resides therein. Moreover, the family home should belong to the absolute
    community or conjugal partnership, or if exclusively by one spouse, its constitution
    must have been with consent of the other, and its value must not exceed certain
    amounts depending upon the area where it is located. Further, the debts incurred
    for which the exemption does not apply as provided under Art. 155 for which the
    family home is made answerable must have been incurred after the effectivity of
    the Family Code.

    And in both cases, whether under the Civil Code or the Family Code, it is not
    sufficient that the person claiming exemption merely alleges that such property is a
    family home. This claim for exemption must be set up and proved.

    Does the exemption of family home from execution be set up and proved?

    Yes. The family home’s exemption from execution must be set up and proved to the
    Sheriff before the sale of the property at public auction. It should be asserted that
    the property is a family home and that it is exempted from execution at the time it
    was levied or within a reasonable time thereafter. It is not sufficient that the person
    claiming exemption merely alleges that such property is a family home. Failure to
    do so will estop one from later claiming the said exemption.

    Sample question:

    Let’s say na meron kang family home at gusto mo itong i-benta, kung ikaw ay may
    asawa at tatlong anak, na lahat ay nasa wastong gulang na ngunit umaasa padin
    sayo ng legal support, at dalawa dito sa anak mo ay suffering from down
    syndrome, kailangan mo pa din ba nang majority consent ng beneficiaries mo para
    maibenta ang bahay mo?
    Answer: Yes. Kailangan pa din. As provided for in art. 158: “… majority of the
    benificiaties of legal age”. Basta nasa wastong edad na sila, kailangan pa din ng
    consent.

    Note: In case of conflict, the court shall decide.

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