From Lawyer Friend
Luis Torre Aliyan
Do you want to protect your family’s home from legal seizures?
A few weeks ago I told you about the burden suffered by thousands of Victorians as a result of the harassment they receive from their creditors, when some of the latter undertake an illegal extrajudicial collection.
And it is that there are still businesses or people who continue to carry the consequences of the economic crisis that caused the pandemic.
For this reason, today, dear reader, I want to put on the table how it is possible to protect your family’s house, from the possible embargoes that could derive from a certain debt that you have.
Well, first I must mention that family is understood as people who, being united by marriage or concubinage, and their children, live in the same house.
Now, if you want to protect the family home from all kinds of future legal seizures, you must go before a judge in family matters stating in writing that you are married or that you are in common law relationship, what children you have, and that all live in a certain address of which you are the owner. Such manifestations must be demonstrated with the corresponding acts of the Civil Registry, and with the deed of ownership of the house.
In said brief, the judge is requested to declare that the residence constitutes the family patrimony, as long as the value of the house in which the family lives does not exceed $2,800,000.00 (two million eight hundred thousand pesos) approximately, that is, 35 thousand times the daily value of the Unit of Measurement and Update.
Thus, with the judge’s ruling, your family home will be protected from future embargoes, since the family patrimony is not subject to any embargo of any kind.
Be careful, it is not enough to “claim” in court that your house is “your family patrimony”, you must exhaust this legal process in voluntary jurisdiction, and that a judge so declare, as I mentioned.
The process before the court takes approximately two months, depending on the workload of the court and the agility of the lawyer processing the case.
Finally, I would like to inform you, dear reader, that the ideal is to go to carry out the process with a technical Legal Office and specialist in the matter, but if you are a person with limited economic resources, you can choose to take the trial via the Ombudsman’s Office. Office of the State Government, which is located in Torre Bicentenario, whose services are free and have the obligation to provide them of good quality.
