If there are beneficiaries who survive and are living in the family home, it will continue for 10 years, unless at the expiration of 10 years, there is still a minor beneficiary, in which case the family home continues until that beneficiary becomes of age. (Patricio vs. Dario, G.R. No. 170829, November 20, 2006)
The family home shall continue for a period of ten (10) years or for as long as there is a minor beneficiary. The heirs cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply regardless of whoever owns the property or constituted the family home. (Art. 159, FC)
