- Statute
- Philippine Family Code
- Article
- Art. 158
- Topic
- Statutory provision
- Status
- In force
- Year
- 1987
- Cited by
- A Supreme Court decision
The provision
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)
Intellegal Wiki · In plain terms
A family home can only be sold, donated, mortgaged, assigned, or otherwise encumbered if the owner secures the written consent of the person who established it, that person's spouse, and a majority of the beneficiaries who are of legal age. If these parties disagree, the court resolves the dispute. This shields the home from being disposed of by one party alone.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Eulogio v. Bell G.R. No. 186322