How a declaration of family residence is cancelled? | ScriptaLegal
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Frequently asked questions > Real estate > Pre-purchase steps > How a declaration of family residence is cancelled?

How a declaration of family residence is cancelled?

The registration of a declaration of family residence is cancelled, on the application of any interested person, only in the following cases:

  • the spouses or civil union spouses agree to it;
  • one of the spouses died and his succession is liquidated;
  • the spouses are legally separated or divorced;
  • the civil union is dissolved;
  • the nullity of the marriage or civil union is pronounced;
  • the immovable property was alienated with the consent of the spouses or with the authorization of the court.

Except for the cases where the spouses agree to it, the application must be accompanied by a death certificate and an attested declaration of liquidation of the succession in the case of death of a spouse, by a copy of the judgment or by the notarized joint declaration of dissolution in the case of legal separation, divorce, dissolution of a civil union or nullity of a marriage or civil union.

The cancellation can also be ordered when the immovable property on which a declaration of family residence has been registered ceased to serve for this purpose.

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