In Colombia, it is possible to protect a property from a seizure and mortgage, through the creation of the Familiar patrimony, which allows said good to be safe. The Familiar patrimony it is established in a document and in turn by means of a document the process of raising said patrimony is also carried out.
In this opportunity Procedures and requirements brings you an article that contains all the information you should know about family assets, such as levacuate family assets, the necessary requirements, among other important aspects, which will surely be useful.
What is the Family Heritage?
The family or family heritage It is a figure that was created by Law 70 established in 1931, which was modified by Law No. 495 of 1999. It is regulated by Decree 2817 of 2006.
The family patrimony is constituted by means of a public deed, which is carried out on a voluntary basis. This is done through a will or by act between living persons, where the will of the owner is expressed about what he wants to happen with the corresponding property.
This is a process that protects a certain property, against liens or mortgages, because because it is the family’s property, there are certain parameters that provide protection to that asset.
Who constitutes the Family Heritage?
The family or family heritage It can be found constituted by any person who owns an asset, that is, only that person is the owner. It is not possible for an asset to be a family heritage if it is owned by two or more people.
They can constitute a family patrimony: Spouses, people who have minor relatives, who must be within the second degree of consanguinity.
Family assets can be made up of a single asset, but it can be made up of many more assets, as long as it does not exceed 250 times the minimum wage.
What is the Family Heritage Survey?
The raising of family assets Also known as the cancellation of the family patrimony, it consists of a legal process, in which, by means of a public deed, the patrimony is canceled, before a notary or before a judge.
It is important to take into account that for the lifting or cancellation of the family patrimony, It is very important to know if there are minors in the family or not, because if there are, there must be an ombudsman for minors in the process, to ensure their rights.
It is also necessary to determine if the period established for the prohibition of the sale has already been met, which was established by the entity that issued the subsidy, if applicable.
What are the requirements to raise the Family Assets?
To bring about the cancellation of the family estate, must have the following requirements:
- Photocopy of the Citizenship Certificate, corresponding to each of the persons who are owners and appear in the deeds.
- Birth certificate of each of the children, whether they are minor or older.
- Photocopy of the deeds that certify the acquisition of the property.
- Present the certificate of tradition and freedom of the property.
- Authenticated power of attorney, which is signed.
- If there is a current mortgage, you must attach a document that proves the bank’s non-opposition.
How to process the cancellation of the family patrimony?
- To carry out the process of cancellation of the family patrimony, you must follow the following steps:
- To begin, you must go to a notary’s office.
- Then you must make the request for the process. To do this, you must provide a series of requested data.
- Once this is done, when the request is received, the notary in charge will call the ombudsman, if applicable. In this case, the official will notify after fifteen business days if the cancellation of the family patrimony was accepted, denied or conditioned.
- After this process, the application is formalized through a public deed.
The process of raising the assets of the family contains several important aspects that must be considered, which are:
- The property cannot be sold, until the cancellation of the family patrimony is made.
- In case of minors within the owner family. In the lifting process, the participation of an Ombudsman for minors is necessary. So that the rights of minors are taken into account.
- If the Ombudsman for minors in charge of the process, does not pronounce during the established time. You must continue with the process to obtain the public deed. In addition, a record of the situation presented must be attached.
- The process can be much easier. If it is done in the same notary where the constitution of the family patrimony was carried out.
- The constitution of the family patrimony allows the property to be protected against a possible mortgage, embargo, kidnapping and auctions.
- You can seek the guidance of an attorney, in case the process is difficult for you.
- In order to carry out this process of constitution of the family patrimony, every entity that owns the property must express their willingness to do so, either in life or by means of a will.
- The family ombudsman must notify the approval, denial or conditioning of the process after 15 working days after the request.
- Remember that notary services have a cost that must be paid to carry out the raising of the family patrimony.
How to carry out the family patrimony process?
To bring about the constitution of the family patrimonyBased on Decree 1069 of 2015, specifically in article number 2,2,6,9,4, the interested person must go to the notary public and submit an application for the creation of the unattachable family assets. The following elements will be expressed in said request:
- Name and surname of the constituent and the corresponding beneficiary.
- Data referring to your address and identification.
- Accreditation of your marital status.
- The property of the limitation must be determined, by means of its identity card or cadastral registry, or through the code of the real estate registration folio.
- Based on the fact that the family estate is intended to protect the family, the beneficiaries are the members of the family of the constituent of the family estate.
- The statement rendered under oath of the owner must be made, in the sense that the conformation of the family assets is carried out solely with the purpose of favoring the beneficiaries.
- The following documents must be attached: Certificate on the legal status of the property and a copy of the registration with the Marriage Civil Status Registry.
- The raising of the family patrimony can be carried out before a notary or by means of a judicial authorization.
- Article 511 of the general code of the process, establishes that the authorization for the raising of the family patrimony will be carried out as a process of voluntary jurisdiction.
- Article 581 establishes that justification is necessary before the judge in charge of the need to cancel the family patrimony.
- There are special cases where a property of the family heritage can be seized.
Extinction of the family patrimony
The Familiar patrimony it is extinguished with the death of both spouses constituting the family patrimony. This is based on the provisions of Article 28 of Law 70 of 1931.
In the case of minors, the property cannot be divided or distributed among the heirs, it is necessary to wait for the minors to reach their majority and otherwise, the property is divided and distributed among the corresponding heirs.
If you want to carry out the process for raising the family patrimony, follow all the steps indicated in this article and carry out your procedure with the greatest success.
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