Text of the provision

Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and 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.

(238a)

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

Death does not immediately dissolve the family home. It continues after the death of a spouse, both spouses, or the unmarried head of the family for ten years — or for as long as there is a minor beneficiary, whichever protection lasts longer.

During that time the heirs cannot partition the property unless the court finds compelling reasons to allow it. And the rule holds regardless of who now owns the property or who originally constituted the home — the protection follows the home, not the title. The purpose is plain: to keep a roof over the survivors, especially minor children, while they are most vulnerable.

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.