What is the affectation to the family home?
This is the figure that protects the home from being seized or transferred solely by one of the spouses or partners. It’s regulated by law 258 of 1996.
- Identification cards
- Certificate of good standing for the residence tax
- Certificate of Tradition and Freedom
- The property should be used as a residence
- That there is a marriage of marital union in existence
- To be the full owner of the property
- To not have any other properties with affectation to the family home
- To be registered in the public deeds registry office
Frequently Asked Questions
Can a sole partner solicit the figure of affectation?
Yes, it operates via the ministry of law as long as it fulfills the conditions set forth in law 258 of 1996. Properties acquired before the expiration of said law could be affected to the family home by work of a public deed given to both partners. Law 258 of 1996 – Law 854 of 2003 modifies article 1 and paragraph 2 of article 4 of law 258.
What exception does this law have?
The family home can be seized when its mortgage was carried out beforehand to the registry of family affectation, also when the debt that is charged is original in the financing of the property.
Can my partner sell my property without my signature?
The properties affected to family home can only be transferred or fiscally taxed or other real right, solely with the contentment of both parties, which would be understood and expressed by their signatures.
Will my house end up for of any affectation?
Properties under the affectation to the family home cannot be seized, except for the following cases:
- When the the property constitutes a mortgage prior to the registration of the affectation to the family home.
- When the mortgage is constituted guaranteeing loans for its acquisition, construction of improvement of the property.