What is an affectation to the family home?
It is the figure that offers legal protection to the family home, in order to avoid embargoes or disposal of things by one of the spouses or partners. It happens when the person who acquires the property is married, or being single, is in a de facto marital union.
It is regulated by Law 258 of 1996.
- National ID Cards.
- Certificate of Good Standing of property tax and valuation.
- Certificate of tradition and freedom.
- Public deed of acquisition of the property.
- That the property is used solely as a home.
- That those involved are married or in a common-law union.
- Own 100% of the property.
- Not have other properties that affect the family home.
- Be registered in the public records office.
Does Law 258 have any exceptions?
It does. The family home may be seized when the mortgage has been made before the registration of family affectation. Also when the debt that is collected is original in the financing of the house.
Can one of the spouses request the affectation of the family home?
Yes, they can. It is done through the Ministry of Law as long as the conditions set forth in Law 258 of 1996 and modified by Law 854 of 2003, are met. Real estate acquired before the validity of Law 258 of 1996 may be affected to a family home by means of a Public Deed granted by both spouses or partners in a de facto marital union.
When can my home be repossessed?
Despite the fact that a property affected by a family home cannot be seized, there are some exceptions for the following cases:
- When the property was mortgaged before registering the impact on the family home.
- When the mortgage was made in order to guarantee loans for the acquisition, improvement of the house or its construction.
Can my permanent spouse sell or encumber the family home without my signature?
Of course not. The properties affected by the family home may not be sold without the signature or free consent of each of the spouses.
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