The constitution of family assets and the impact on family housing in Colombia

In real life, often, one of the first decisions made in consensus by those who choose to marry or live in free union, is to buy a home.

However, there are times of crisis caused by partner conflicts, where serious mistakes are made, such as selling the house at the price they offer, or allowing them to start without stopping to think for a moment what the future of children may be , the fruit of that relationship that it is decided to break.

The case of Colombia

In Colombia, the law provides for these situations and maintains in force two legal figures, which aim not to allow the seizure of the property and protect the family and children of the age: the ‘constitution of family assets’ and the ‘affectation of housing family.’

The two figures in appearance are the same, independent and autonomous. As an illustration, we can see some differences:

In order to constitute family assets on a property, it must be the absolute property of the constituent; it should not be owned by another person who is proindivisous. That is, there should be no other owner, it should not be seized, mortgaged or engraved by anti-cressis (pawn).

The value must be less than 250 SMLMV, while in the area of housing, the law does not limit the value of the property and requires that the property be acquired in its entirety by one or both spouses or permanent companions, in addition that the property concerned will be destined for the house of habi couples and children who have or become engendered, so property that is purchased, to lease, invest or for holiday purposes is excluded from this legal figure. Only one property per couple may be taxed with housing.

Due to the law, while in the family estate, the property or real estate (may be several) must be free of all lien, for housing involvement the legal situation is different, since the house can be mortgaged previously, without it this means that with this figure the creditors can be evaded.

It is clear that immovable property taxed with any of the figures described above gives them the character of unembargables and does not allow the imposition of precautionary measures.

On the other hand, real estate with housing involvement is limited for the spouse or permanent partner, owner to acts of disposition such as: sale, donation, swap, anti-cresis or mortgage, under which the law requires that previously to have the property, the affectation must be lifted by public deed, which must be signed by the two spouses, who will express their consent with their respective signatures.

However, in order to raise family assets, rigorous requirements such as the age of majority of the last of the children or beneficiaries are necessary, or by a court decision by judgment given by a family judge.

So, if you want to protect your home from garnishanders and unexpected sales decisions, protect it with some of these legal institutions and avoid having a home in the air.

The constitution of family assets and the impact on family housing in Colombia
Source: Education  
July 28, 2019

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