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Thursday, January 30, 2014

May a family home be constituted on a house without the land on which it is erected?

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No. It is submitted that a family home may not be constituted without including the land on which it is erected. From the very definition of a family home enunciated in Art. 156 of the Family Code, it is clear that the land on which the house is erected is an integral part of a family home. Besides, there is a clear implication both from the definition and purpose of such family home as well as from the provisions of the Civil Code as amended by the Family Code regulating said home that is permanent in character. Now, if a house constructed on a rented land, for instance, maybe constituted into a family home, it becomes temporary. It cannot, therefore, serve the purpose of a family home. (Jurado, Civil Law Reviewer, 2006 ed., page 200-201)

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