Libro Primero · Título II Capítulo X. Del patrimonio familiar

Family patrimony is the juridical-social institution by which one or more items of property are destined to the protection of the home and support of the family.

Dwelling houses, cultivable tracts or parcels, industrial and commercial establishments that are the object of family exploitation may constitute the family patrimony, provided that their value does not exceed the maximum amount fixed in this chapter.

Only one patrimony may be founded for each family, by the father or the mother over their own property, or by husband and wife over common property of the conjugal partnership.

It may also be constituted by a third party, by way of donation or legacy.

(Maximum Value of the Patrimony). No family patrimony may be established that exceeds one hundred thousand quetzales at the time of its establishment.

When the value of the affected property has been less than said sum, it may be expanded to reach that value, the expansion being subject to the same procedure as for its establishment.

Property constituted as family patrimony is indivisible, inalienable, unseizable and may not be encumbered nor become encumbered, except in the case of servitude.

The establishment of the family patrimony may not be made in fraud of creditors. The property must be free of annotation and encumbrance and the institutor's proceeding requesting judicial approval shall be published so that it comes to the knowledge of those who may have an interest in opposing it.

The members of the beneficiary family are obligated to inhabit the house or to personally exploit the agricultural parcel, or the established industry or business, save for the exceptions that the judge temporarily permits for justified reasons.

If the immovable property constituted as family patrimony were registered solely in the name of the head of the family, it shall be understood to have been constituted for the support of the spouse, the minor or incapacitated children, and the persons entitled to be supported by him.

When there is danger that the person who has the obligation to provide maintenance may lose their property through mismanagement or because they are squandering it, the maintenance creditors have the right to judicially demand that family patrimony be constituted over a specific property of the obligor.

For the establishment of the family patrimony, judicial approval and its registration in the Property Register are required, following the proceedings prescribed by the Code of Civil and Commercial Procedure.

However, when the State proceeds with the parceling and distribution of a national property, it may confer upon each parcel the character of family patrimony; and this legal qualification shall suffice for its establishment and registration. In all other respects, this family patrimony shall be governed in accordance with the provisions of this chapter in all matters applicable to it.

The legal representative of the family shall be the administrator of the family patrimony and at the same time the representative of the beneficiaries in all matters relating to the patrimony.

The family patrimony terminates:

1.When all beneficiaries cease to have the right to receive maintenance;

2.When without justified cause and without judicial authorization, the family ceases to inhabit the house that is to serve as its dwelling, or to cultivate on its own account the linked parcel or tract;

3.When the utility and necessity for the family that the patrimony be extinguished is demonstrated;

4.When the property forming it is expropriated; and

5.Upon expiration of the term for which it was constituted.

Fixed-term family patrimony must cover the term necessary for the youngest of the current members of the family to reach the age of majority; but in no case may family patrimony be constituted for a term of less than ten years.

Upon termination of the right to the family patrimony, the property over which it was constituted shall return to the power of the person who constituted it or of his heirs; but if ownership belongs to the beneficiaries, they shall have the right to terminate the indivision.

When the patrimony is extinguished by expropriation of the immovable property, the respective compensation shall be deposited in a banking institution while a new family patrimony is constituted.

The value of the family patrimony may be reduced when, due to causes subsequent to its establishment, it has exceeded the amount fixed as maximum, or because said reduction is useful and necessary for the family.

The Public Prosecutor's Office shall intervene in the establishment, extinction and drafting of the family patrimony.