The Property Registry must register half of an inherited dwelling even if subject to residuary fideicommissum
19 Oct 20264 views
Who is affected:
Heirs, notaries and registrars in inheritances with community property and residuary fideicommissum
Summary
The General Directorate resolves that the community property share of a dwelling may be registered in favor of the heirs of the fiduciary, separating it from the half subject to the fideicommissum of the deceased spouse.
Detailed analysis
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The resolution upholds the appeal against the negative qualification by the Marchena registrar, who denied the registration of property 25.799 of Paradas in its entirety, understanding that the residuary fideicommissary substitution affected full ownership. The DGSJFP distinguishes between the community property share …
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