Text of the provision

Art. 156. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home.

(227a, 228a)

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

A family home can only be set up on property the family genuinely owns. That means community or conjugal partnership property, or a spouse's exclusive property (with that spouse's consent), or — for an unmarried head of a family — their own property.

The article adds one practical accommodation. Property still being bought on installments under a conditional sale, where the seller keeps title only as security for the price, may also be constituted as a family home. A family need not wait until the last installment is paid to enjoy the home's protection.

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.