How can I deed a house
Don't I have deeds for my house? What can I do to be able to sell it or mortgage it?
This is a question that many clients frequently ask us when it comes to deeding a house. They have a family property for a long time, without anyone in the past having taken care of obtaining a title that accredits said property, causing those properties or assets not to be able to be sold or mortgaged, economically harming all the people in this situation.The administration, aware that this situation is very common in rural areas and in the outskirts of many cities, allows us to use some systems so that we can obtain those much-desired deeds.
In any case, a property can be sold, even if it has not been proceeded, for example, to deed a house. This must be stated in the deeds of sale or in the private sale document, but such transfer will not have access to the Property Registry.
Although this situation to deed a house could have a solution, in the following cases:
- That we have never had any documentation that accredits that we are the owners of the property, either because it was transferred in the past without making a private document or deed, or because we have inherited it from our ancestors without having granted a deed of inheritance adjudication. In both cases, it will be possible to execute the deed of inheritance adjudication and award the property to the heirs or grant a deed of sale to the current owner, in this case by those who were previous owners or heirs of the same, and consent to grant said deed. This is the way to have a title of ownership of the property, and after a year between the dates of both deeds, we could register it in the Property Registry.
- We do not have any document that accredits the property and we cannot deed it in the name of the owner. Only in the case that we have the cadastral ownership of the property in the name of the seller, we could grant a deed in the name of the same or in the name of the new buyer; simultaneously initiating a Domain File for the purpose of first registration, which is processed at the notary of the place where the property is located, or at a notary of a neighboring district. This procedure has the disadvantage that it is settled in the Tax on Property Transfers as if it were a sale.
- Another case may be that the new buyer links the sale to the seller having registered, prior to the sale, the property in the Property Registry in their name. In this case, we would have to create the previous title, if it is missing, and process a property first registration file in the same way, so that the buying party acquires a property that is already registered in the Registry in the name of the selling party. https://notaria-online.com/compraventas-online/
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