Solemn inventory of the marital property of the marital partnership
This inventory must be made in order to defend the interests of minors or disabled adults, in case either spouse decides to remarry or establish a common-law marital union.
In the case of the solemn inventory of assets, this representation is exercised by the so-called Curator, who is appointed by a judge, regardless of whether the process is carried out through a notary or a court. In the case of a notary, the notary must notify the judge to appoint the guardian. Also, an important difference is that for the notarial process you do not need a lawyer, while for the judicial process you do.
The documents required for the solemn inventory of the marital property are as follows
- Photocopy of citizenship cards of the persons who are going to marry, or establish a common-law marriage or a common-law property partnership.
- Photocopy of the identity cards of minors.
- Photocopy of citizenship card, if you are an elderly person with disability.
- Certificate of disability issued by the Health Promoting Entities (EPS), and administrators of the special and exception regimes, when applicable.
- Civil birth records.
- Certificate of bachelorhood of the interested party where it is accredited that his marital status is single, widowed or divorced (civil registry of birth with the marginal note that specifies if he is divorced, if there is cessation of civil effects of catholic marriage, or if there is cessation of civil effects of Marital Union of Fact.
- Letter of labor certification or certificate of self-employment.
- Addresses of the respective domiciles.
- Place and date where you will celebrate your marriage.
- Inventory solemn inventory of assets minors who are administering.
How is the solemn inventory of marital property carried out?
Each of the movable and immovable assets, if any, must be listed in detail:
- For a movable asset, description, characteristics and identification of this asset plus its value.
- For a real estate property, location, address, real estate registration number, No., etc., the following information is required and the number of the cadastral certificate.
- The guardian may support such inventory by attaching public deeds, certificates of tradition or any document that proves that the minor or person with disabilities is the owner and holder of the movable or immovable property.
- The curator will also include the value of each of them. In the case of personal property, an appraisal specifying the price in commerce, and in the case of real estate, the value of the cadastral appraisal is taken.
- In the event that none of these assets exist, the curator will leave a record of this.
Finally, it is important to mention that the rights and legal implications of marriage are equated with those of de facto marital union. Therefore, it is necessary to make a solemn inventory of assets even if a de facto marital union was previously constituted from which children were born.