Bien de familia

[DK72]

Hi
I bought a house in CABA in 2017. I am foreigner (non-resident) and married to Argentinian wife with two young kids. The house is in my name. A lawyer friend recommended me to put the house as bien de familia. Is there any downside to this?

 

[jazmín]

No, it's actually a very good idea. Here's a link: https://www.argentina.gob.ar/servicio/afectar-una-vivienda-como-bien-de-familia

 

[DK72]

Thanks. I have a couple of procedure questions:

Do I need to have a DNI to do this (as it is a requisite liste in the webpage)? And (theoretically ... ) could I choose any combination of wife and kids (e.g. only kids) or is this always the whole family?

And what are the actual benefits of doing this? I understand that if should end in debts that the house still remains mine and would be safe from my creditors. (the other side is of course that I could not use this house under bien de familia as a guarantee or to mortgage it) As I don't have debts (and in all likelihood wont have in the future), is there any real benefit to it? Would this status offer any protection if it were taken by squatters one day?

A possiblity is also that within the next few years we will leave Argentina and rent the house (via Aribnb or whatever). Would this status complicate matters? (I understand at least one member / beneficiary should live in the house)

 

[SecretShopper]

I'll ask the obvious question.. does it mean that your wife would legally own the house as well? If so, I wouldn't do it.

 

[Edu R]

There's really no downsides, although technically

Thanks. I have a couple of procedure questions:

Do I need to have a DNI to do this (as it is a requisite liste in the webpage)? And (theoretically ... ) could I choose any combination of wife and kids (e.g. only kids) or is this always the whole family?

And what are the actual benefits of doing this? I understand that if should end in debts that the house still remains mine and would be safe from my creditors. (the other side is of course that I could not use this house under bien de familia as a guarantee or to mortgage it) As I don't have debts (and in all likelihood wont have in the future), is there any real benefit to it? Would this status offer any protection if it were taken by squatters one day?

A possiblity is also that within the next few years we will leave Argentina and rent the house (via Aribnb or whatever). Would this status complicate matters? (I understand at least one member / beneficiary should live in the house)

Normally the "Bien de Familia" procedure is done by an Escribano. I didn't know you could do it through an administrative office. There's no legal impediment as far as I know for foreigners to request the status change for the property, although I find it very difficult to see how you could simultaneously fill the "must live in property" requirement AND also not also be a permanent resident of Argentina (I'm not saying you can't square that circle, but it's an edge case).

I would say do this through an Escribano and/or consult a lawyer before doing this. I think if you're trying NOT to establish residency in Argentina, this is a bad move.

You can't choose who the beneficiaries are, they're designated by law (essentially your wife, children, or parents, as long as they live with you).

You technically cannot rent the property, but no one checks this. There are other limitations or disadvantages, most have no practical effect if you intend to keep the property and as long as you don't get a divorce or fight with your kids.

 

[DK72]

I'll ask the obvious question.. does it mean that your wife would legally own the house as well? If so, I wouldn't do it.

As far as I know not, but I guess she would have to give her consent if I wanted to sell it at one point.

Now I am living in a stable marriage/relationship, but I don't think "this can never happen to me!" ... My thinking is: if it ever came to a divorce, she would remain in the house anyway (this is not the only asset that I - or we as a family - possess)

 

[SecretShopper]

As far as I know not, but I guess she would have to give her consent if I wanted to sell it at one point.

Now I am living in a stable marriage/relationship, but I don't think "this can never happen to me!" ... My thinking is: if it ever came to a divorce, she would remain in the house anyway (this is not the only asset that I - or we as a family - possess)

I'm anti-marriage so I would avoid those situations at all costs lol.

 

[DK72]

I'm anti-marriage so I would avoid those situations at all costs lol.

Well, for me it is too late anyway now ...

 

[nikad]

I'm anti-marriage so I would avoid those situations at all costs lol.

You don't really have to be legally married, if the partner can prove he/she have been together for a certain period of time, he/she will have rights to that property as well. Even to a pension, etc.

 

[SecretShopper]

You don't really have to be legally married, if the partner can prove he/she have been together for a certain period of time, he/she will have rights to that property as well. Even to a pension, etc.

Yeah some states in the US enact common law marriage after 7 years of cohabitation. I'm also against cohabitation in places that enact common law marriages lol.