Why A Family Dwelling Involvement Is Established And Other Provisions

Original Language Title: Por la cual se establece la afectación a vivienda familiar y se dictan otras disposiciones

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LAW 258
1996 (January 17)
Official Gazette No. 42,692, of January 18, 1996
Whereby the effect on family home is established and other provisions. Summary

Term Notes

THE CONGRESS OF THE REPUBLIC DECREES: CHAPTER I.

INVOLVEMENT A FAMILY HOME.
ARTICLE 1o. DEFINITION. Family dwelling is understood affected the real estate acquired in full by one or both spouses before or after the marriage destined to family room. Effective Notes

Effective Jurisprudence

Legislation Previous

Article 2.
. CONSTITUTION OF THE AFFECTED. Involvement in the preceding article operates by operation of the law regarding housing to be acquired after the effective date of this law refers to.
The property acquired before the effective date of this Act may not apply to family home by public deed executed by both spouses, or under the notarial or judicial procedure established in this law.

ARTICLE 3. DOUBLE SIGNED. The properties of such a dwelling may only alienate, or constitute tax or other real right over them with the free consent of both spouses, which means expressed by signature.

ARTICLE 4. RISING affectation. Both spouses may lift at any time, by agreement, by public deed subject to registration, the effect on family home.
In any case may be lifted affectation, at the request of one spouse, under court order at the following events:
1. When there is actually another house inhabited by the family or even try summarily that there will be; these circumstances to be qualified by the judge.
2. Where the competent authority decreeing the expropriation of property or tax foreclosures judge declare the existence of a tax liability or contribution to the public. Effective Jurisprudence


3. When a court is suspended or deprived of parental rights to one spouse.
4. When judicially the absence of either spouse is declared.
5. When judicially civil incapacity of one of the spouses is declared.
6. When the conjugal partnership is dissolved for any of the causes provided by law.
7. For any just cause appreciated by the family judge to lift the involvement, at the request of a spouse, the Public Ministry or a third injured or defrauded with affectation. PARAGRAPH 1.
. In the events referred to in the second paragraph of this article, the expropriating public entity or tax or contribution creditor may request the lifting of involvement. PARAGRAPH 2.
. The effect on family dwelling shall terminate as of right by actual or presumed death of one or both spouses, unless for a just cause minor heirs who are inhabiting the property requesting the judge, without ruling court, that the involvement is maintained by the time this was necessary. The application will know the family court or the Municipal Civil Court or Municipal Promiscuous, failing that, by verbal summary process.
This measure may not extend beyond the date on which the children meet the age of majority or, in which case, lifting the full involvement operates, or when serious illness or disability emancipate, assessed by the judge to lower it impossible to fend for himself. Effective Notes

Legislation Previous


The 5th ITEM. OPPOSABILITY. The effect on family dwelling referred to this law will only be effective against third parties from entry to the Office of Public Records and the corresponding Property Registration Folio.
PARÁGRAFO. The affordable housing built as improvements in foreign property be registered as such in the Folio Real Property Registration and they constitute respective affectation family home or homestead property, without ignoring the rights of the property owner.

ARTICLE 6o. OBLIGATION OF NOTARIES. To grant any deed of alienation or creation of liens or real rights over immovable property for housing, the notary will investigate the property owner about whether you have existing marital partnership, marriage or marital union, and it must declare under oath, if that property is affected family dwelling; unless both spouses come to sign the deed.

"The notary also inquire the purchaser of the property for housing if you have existing conjugal partnership, marriage or marital union and possesses another property affected family home. In the absence of any affected property and housing family, the notary will leave expressly stated the establishment of involvement by operation of law.
However, spouses may declare that agreement not subject the property to the involvement of family housing. "
"The notary who fails to record in the respective deed of the duties established in this Article shall incur grounds for misconduct".
"Be flawed and void legal acts that disregard the effect on family housing."

ARTICLE 7. Inembargabilidad. Property under affectation family home they are unalienable, except in the following cases:
1. When about the property is not properly constituted mortgage prior to registration of involvement to family housing.
2. When the mortgage was constituted to guarantee loans for the acquisition, construction or improvement of housing. Effective Jurisprudence


Article 8. EXPROPRIATION. The decree of expropriation of property to prevent its involvement family home and allow the court lifting this assessment to enable the expropriation.
The declaration of public utility and social interest or involvement in public works of a property is lowered affectation family home may lead to direct voluntary transfer of the property, with the signature of both spouses. Effective Jurisprudence


CHAPTER II.

PROCEDURAL RULES
Article 9. ATTORNEY PROCEDURE. When necessary to establish, modify or terminate the effect on family home, the spouse concerned will come before a notary of the family home in order to process their request, subpoena the other spouse.
If both spouses are in agreement, proceed to the constitution, modification or removal of the effect on family home by public deed, in the event the agreement is not achieved, it may be referred to the competent judge family.

ARTICLE 10. JUDICIAL PROCEDURE. For the creation, modification or judicial involvement lifting the family home shall have jurisdiction to judge family of location of the property, through verbal summary process.
The constitution of the family home and affectation modification or cancellation may accumulate within the processes of declaration of absence, disappearance or presumed death, civil interdiction of the father or mother, loss or suspension of parental authority, divorce, separation or goods and liquidation of the conjugal union. In such cases, shall have jurisdiction of this measure, the judge who is hearing of the aforementioned processes.

ARTICLE 11. REGISTRATION OF DEMAND. When the divorce, legal separation or goods, the declaration of marital union, the liquidation of the conjugal partnership or equity between permanent companions demande; the claimant may request the registration of an application in the Office of Public Records which appears registered the property subject to the involvement of family housing and property belonging to the conjugal partnership, or any of the entities that the law provides for the registration of property subject to this requirement. Registration
demand may rise by joint request of the parties to the dispute or termination of the process.
ARTICLE 12.
permanent partners. The provisions of this Act regarding spouses are extensively applied to permanent companions whose union has lasted at least two years. Effective Jurisprudence


ARTICLE 13. EFFECTIVE DATE. This law applies from the date of its enactment and repeal all provisions that are contrary.
The President of the Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR. REPUBLIC OF COLOMBIA


NATIONAL GOVERNMENT published and execute.
Given in Bogota, DC, 17 January 1996.

Ernesto Samper Pizano The Ministry of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA
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