PROTECTION of the FAMILY`S Primary Home/Residence

by

Esteban Rada
Lawyer CO
colombian lawyer
Email: lawyerscolombia at yahoo.com

The protection of the primary residence where the family lives is governed by Colombian law 258/96 as a judicial form created by the Congress to provide security for the family home.

The protection of the primary residence is strong and protected by Colombian law. The contract must be signed by the couple. This law excludes a single person/home owner and applies only to a couple. The home is protected with the exception of the following conditions.

Art 4� Cancel of family’s house protection: At any time the couple can cancel the protection for the family home. The couple must have an agreement which has to be written on a public document. However the petition to suspend the protection can be done by the man or wife or by a court’s decision when the following facts appear

1. When the family has another house in which they really live.
2. When the home or property is declared an eminent domain and needed for public use.
3. For none payment of a public tax.
4. Due to a declaration of loss of custody of the children.
5. For insanity of either member of the couple.
6.. For dissolution of marriage.
7. For any party who can legally demonstrate fraud done by the couple. The judge will evaluate the situation and make a decision based on evidence.

The home mortgage when it was registered prior to the constitution of the protection or when the credit was done to improve the infrastructure of the residence will be excluded from protection.

No future mortgage or any similar measure can be placed on the home. (no second mortgage)

When does the protection start?

The protection of the home starts when it has been registered in the office of public record on the title of the property. If there is a mortgage or any measure on the assets which exist previous to the registration of the protection, those items will continue without being affected.

For any doubt don’t hesitate to contact me

Esteban Rada
Lawyer CO
colombian lawyer
Email: lawyerscolombia at yahoo.com

By lawyer CO on Mar 7, 2008, 11:11 in Visa & paperwork.

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