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How to carry out the “family property” procedure for my house for free - La Nacion Propiedades
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www.lanacion.com.ar
November 05, 2024
The measure serves to protect a property and prevent it from being judicially executed; a free advisory space will be created for notarial procedures and processes in the heart of the city of Buenos Aires.
The city's College of Notaries is organizing a free day to clear up all doubts and carry out the "family property" procedure free of chargeIndypendenz - Shutterstock
In a context in which economic instability can generate unexpected debts, there is a possibility that guarantees the protection of family property against possible seizures . This right, previously known as “ family property ”, now called “Affectation to the Housing Protection Regime”, is a key tool that the Civil and Commercial Code allows families to secure their home against possible financial conflicts .
But how do I protect my house against debt ? To answer this question, this Saturday, November 9, the College of Notaries of the City of Buenos Aires will carry out the second edition of 2024 of its “Take Care of Your Own” campaign, through which free advice is provided to Buenos Aires residents on issues of notarial legal interest in the Rural de Palermo.
There, from 10 a.m. to 1 p.m., residents of the City will be able to access, free of charge, essential information on procedures and notarial processes to protect properties. One of the featured services will be the possibility of carrying out the procedure for “Affectation to the Housing Protection Regime” , previously known as “family property”. This legal figure, which changed its name with the new Civil and Commercial Code in 2015, offers greater benefits and guarantees the protection of the home, ensuring the family's protection against possible unforeseen events .
It should be noted that, when carrying out this procedure with a notary privately , the fees cannot exceed 1% of the fiscal value of the property, adding a minimum fee of approximately $136,000 plus VAT , and approximately $17,210 in additional expenses . However, when doing it at the Real Estate Registry, it is free of charge .
“Being close to the community is a commitment we have always had and carrying out the protection of family homes is a fundamental fact to ensure a roof over our heads and provide an additional level of security to society,” said the president of the College of Notaries, Jorge De Bártolo.
During the day, the notaries present will answer questions on a wide range of topics, including sales , donations , inheritances , advance health directives, authorizations and powers, certifications, self-protection acts, and co-ownership regulations. The goal is to offer neighbors clear and useful information to make informed decisions in the legal field.
The "Affectation to the Housing Protection Regime" is a tool to secure the property against possible seizures.Hernan Zenteno - THE NATION
However, for the property to be considered within this legal framework, it must meet a series of requirements : the property must be intended for family housing , meaning it cannot be used for commercial or rental purposes; furthermore, only one property can be owned by each person and it must be the main residence .
However , there are cases in which this protection does not apply , such as: debts that directly affect the property such as taxes and fees, expenses, mortgages or construction loans. But it is also necessary to clarify that in the event that the owner has debts for child support obligations, he will have to respond for these debts with the property .
Those who wish to affect a property will have to present:
It is important to know that in order to sell a property affected by the Housing Protection regime , it must be previously removed from the property . In addition, it must be taken into account that this type of housing is usually rejected as a guarantee for a rental , unless it is removed in order to sign the lease contract. However, there is a little-known alternative that brings solutions to this problem : the possibility of using a property that is affected by the housing protection regime (former family property) without having to remove it and which is beneficial for all parties.
Properties that are "family property" are often rejected as collateral for a rental.
That is to say, a declaration must be drawn up declaring the landlord's inapplicability so that he is exempt from non-embargo for debts , and therefore, "he is the only one who can attack it." This means that the protection is not cancelled but it becomes ineffective against certain people, in this case the landlord.
www.buysellba.com
Source:
Cómo realizar gratis el trámite de “bien de familia” para mi casa
La medida sirve para proteger un inmueble y evitar que sea ejecutado judicialmente; se realizará un espacio de asesoramiento sin costo para trámites y procesos notariales en plena ciudad de Buenos Aires
www.lanacion.com.ar
November 05, 2024
The measure serves to protect a property and prevent it from being judicially executed; a free advisory space will be created for notarial procedures and processes in the heart of the city of Buenos Aires.
The city's College of Notaries is organizing a free day to clear up all doubts and carry out the "family property" procedure free of chargeIndypendenz - Shutterstock
In a context in which economic instability can generate unexpected debts, there is a possibility that guarantees the protection of family property against possible seizures . This right, previously known as “ family property ”, now called “Affectation to the Housing Protection Regime”, is a key tool that the Civil and Commercial Code allows families to secure their home against possible financial conflicts .
But how do I protect my house against debt ? To answer this question, this Saturday, November 9, the College of Notaries of the City of Buenos Aires will carry out the second edition of 2024 of its “Take Care of Your Own” campaign, through which free advice is provided to Buenos Aires residents on issues of notarial legal interest in the Rural de Palermo.
There, from 10 a.m. to 1 p.m., residents of the City will be able to access, free of charge, essential information on procedures and notarial processes to protect properties. One of the featured services will be the possibility of carrying out the procedure for “Affectation to the Housing Protection Regime” , previously known as “family property”. This legal figure, which changed its name with the new Civil and Commercial Code in 2015, offers greater benefits and guarantees the protection of the home, ensuring the family's protection against possible unforeseen events .
It should be noted that, when carrying out this procedure with a notary privately , the fees cannot exceed 1% of the fiscal value of the property, adding a minimum fee of approximately $136,000 plus VAT , and approximately $17,210 in additional expenses . However, when doing it at the Real Estate Registry, it is free of charge .
“Being close to the community is a commitment we have always had and carrying out the protection of family homes is a fundamental fact to ensure a roof over our heads and provide an additional level of security to society,” said the president of the College of Notaries, Jorge De Bártolo.
During the day, the notaries present will answer questions on a wide range of topics, including sales , donations , inheritances , advance health directives, authorizations and powers, certifications, self-protection acts, and co-ownership regulations. The goal is to offer neighbors clear and useful information to make informed decisions in the legal field.
The "Affectation to the Housing Protection Regime" is a tool to secure the property against possible seizures.Hernan Zenteno - THE NATION
What is the housing protection regime?
This is a key tool when it comes to protecting property against possible seizures . That is, if a person owns a family asset, the property cannot be taken away from them due to outstanding debts .However, for the property to be considered within this legal framework, it must meet a series of requirements : the property must be intended for family housing , meaning it cannot be used for commercial or rental purposes; furthermore, only one property can be owned by each person and it must be the main residence .
However , there are cases in which this protection does not apply , such as: debts that directly affect the property such as taxes and fees, expenses, mortgages or construction loans. But it is also necessary to clarify that in the event that the owner has debts for child support obligations, he will have to respond for these debts with the property .
Who can carry out the procedure?
The registered owner of the domain or all the co-owners in the event that the property is registered in the name of two or more people.Those who wish to affect a property will have to present:
- Original and photocopy of the owner's ID.
- If a beneficiary is designated: proof of the relationship with the holder must be provided (booklet, marriage certificate or birth certificates), original and photocopy.
- If the marital status is different from that of the title deed, proof of this must be provided in the original and a photocopy.
It is important to know that in order to sell a property affected by the Housing Protection regime , it must be previously removed from the property . In addition, it must be taken into account that this type of housing is usually rejected as a guarantee for a rental , unless it is removed in order to sign the lease contract. However, there is a little-known alternative that brings solutions to this problem : the possibility of using a property that is affected by the housing protection regime (former family property) without having to remove it and which is beneficial for all parties.
Properties that are "family property" are often rejected as collateral for a rental.
How can a property that is a “family asset” be a guarantee for rent?
"It is a statement by the owner of the property that is affected by the protection, through a deed, where he/she states that he/she will not oppose this protection against any claim , judicial or extrajudicial, for the lease contract that it guarantees ," explains the notary Magdalena Tato, secretary of the College of Notaries of the City of Buenos Aires.That is to say, a declaration must be drawn up declaring the landlord's inapplicability so that he is exempt from non-embargo for debts , and therefore, "he is the only one who can attack it." This means that the protection is not cancelled but it becomes ineffective against certain people, in this case the landlord.
Who does it benefit?
This alternative covers cases in which a person wants to be a guarantor , but the property they own is affected by the housing protection regime . “It is very common that a child wants to live alone, the only guarantee they can offer is their parents’ house, and the problem arises, because for that they must de-affect and the property is left unprotected,” says the notary Vanesa Sepliarsky. So, with this option , “ it is not necessary to de-affect the Housing Protection Regime .”www.buysellba.com
