What is an asset-holding company?
Partnership is the term by which the law refers to the assets and debts that a partner has acquired or contributed to the UMH and which, in the event of separation, would be divided between the permanent partners.
What is the liquidation of assets?
This is the procedure through which the assets and debts corresponding to each person from the marital (marriage) or patrimonial (UMH) partnership are distributed to each person. Law 54 of 1990 establishes the term of 1 year to obtain the dissolution and liquidation of the patrimonial partnership between permanent partners, from the date of [...]
What is the difference between a marital partnership and a property partnership?
The conjugal partnership is that which is formed by marriage and the property partnership is that which is created in a de facto marital union.
Do I have to separate in order for the assets to be liquidated or separated?
No. Both in the case of a de facto marital union (UMH) and in the case of marriage, it is possible to establish that there will be no partnership of property (capitulations) or, after marriage or UMH, to separate property without affecting the validity of the bond (marriage or UMH).
If my financial contribution to the household was greater than my partner's, should the settlement be proportional to that contribution?
No. The salary and income of the partners in a de facto marital union (UMH) or marriage form part of the property partnership, a partnership in which the two persons participate in equal proportion in relation to the assets and debts. This means that even if only one person has contributed financially to the [....]
Before which entity can I apply for the liquidation of the marital or property partnership?
The liquidation of the property partnership (UMH) or the liquidation of the marital partnership (marriage) by mutual agreement can be carried out before a notary's office or the family court. If it was not possible to reach an agreement, the only option is before a family court on one of the grounds for divorce. Keep in mind: the dissolution and liquidation of [...]
If we have children, how are they affected by the liquidation of the marital or property partnership?
In the case of the existence of children, minor or adult children who are economically dependent (because they are studying and are under 25 years of age, or disabled persons who cannot support themselves), it is necessary to define, together with the settlement, the way in which the obligations will be assumed [...].
What are the benefits of the liquidation of the matrimonial property or marital partnership?
Talking about benefits is complex, as they will depend on the purpose pursued by each couple or person at the time of considering the procedure. However, it can be said that the main effect of the liquidation of the partnership is that part of the assets and the debts must be assumed by each of the partners [...].
Do I need a lawyer to carry out the liquidation of the marital or property partnership?
In cases where the liquidation is by mutual agreement, the participation of a lawyer is not necessary. However, if the liquidation is contentious (or in dispute), representation by a lawyer is required. Note: even if in the case of a mutually agreed liquidation, it is not necessary [...].
Does the liquidation of the marital or property partnership have any economic value?
Yes, if the liquidation of the marital or patrimonial partnership is carried out via a notary's office, it will have a cost in accordance with the value of the partnership to be liquidated, plus the cost of the lawyer's fees (the latter in the event of having his or her advice for the procedure). If the liquidation is litigated, the costs will be [...].












