Text of the provision
Art. 158. 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)
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
Even the owner cannot deal with the family home alone. To sell, donate, assign, or encumber it, the owner needs the written consent of three parties: the person who constituted the home, that person's spouse, and a majority of the beneficiaries who are of legal age.
The rule spreads the decision across the people who depend on the home, so it cannot be disposed of over their objection. If they cannot agree, the court decides.
Related provisions
- Article 154 — who the beneficiaries whose consent counts are.
- Article 156 — what property may be constituted as a family home.
Cases interpreting this article
- Authorities on Article 158 will be added here as each is verified against primary sources.