Text of the provision

Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated.

(223a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

The family home is a specially protected asset, and this article defines it. It is the dwelling house where the family actually resides, together with the land it stands on. It may be constituted jointly by a married couple, or by an unmarried person who heads a family.

The definition matters because the protections that follow — above all the exemption from execution and forced sale — attach only to a genuine family home as defined here, not to any property the family happens to own.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.