2014 (Civil Law) Bar Exam Questions: Question 17

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On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children, Danilo and Carlito. One of the properties he left was a piece of land in Alabang where he built his residential house.

After his burial, Leonora and Mariano’s children extrajudicially settled his estate. Thereafter, Leonora and Danilo advised Carlito of their intention to partition the property. Carlito opposed invoking Article 159 of the Family Code. Carlito alleged that since his minor child Lucas still resides in the premises, the family home continues until that minor beneficiary becomes of age.

Is the contention of Carlito tenable? (4%)

One comment

  1. Yes. The contention of Carlito is tenable BECAUSE partition of the property such as house can be happened after ten years or if there are minors to the beneficiary partition shall void.(FAMILY CODE art.159)

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