A patrimonio familiar (family patrimony) is a way to shield a family home, farm plot or family business. While it is in force, nobody can split the property, sell it, seize it or mortgage it. The Civil Code (Decreto-Ley 106) defines it as the institution by which one “se destina uno o más bienes a la protección del hogar y sostenimiento de la familia”. In other words, assets are set aside to protect the home and support the family.
This page covers who can set one up, the legal limits, the notarial route through publications, the hearing and the deed, the documents the Procuraduría General de la Nación (PGN) lists, registration in the respective registry, and how a patrimony ends.
Quick summary
- What it protects: homes, cultivable plots, and industrial or commercial establishments run by the family (Civil Code Art. 353).
- Who founds it: the father or the mother on their own property, both spouses on common marital property, or a third party by donation or legacy. Only one per family (Art. 354).
- Value cap: it cannot be set up for more than Q100,000. The Code rules out a patrimony “que exceda de cien mil quetzales en el momento de su constitución”, meaning one worth more than that at the moment it is constituted (Art. 355).
- Route: a notary handles the file (Decreto 54-77, Art. 24). The notary orders publications, obtains the hearing PGN lists and authorizes the deed. Any person with an interest in securing the right can request registration (Civil Code Art. 1127).
- Cost: no all-in fee is published. The RGP tariff for indeterminate-value entries is Q160.00, but the tariff does not name this procedure.
- Time: no end-to-end time is published. The 1977 text sets three publications within thirty days. Registrars must make the entry within eight days of receiving the document (Civil Code Art. 1127).
What it does to the property
Article 356 says the assets “son indivisibles, inalienables, inembargables”. That means they cannot be divided, sold or seized. They also cannot carry or take on any encumbrance except an easement (servidumbre).
Two consequences follow:
- The family must use the property. Members of the beneficiary family must live in the house, or personally work the farm, industry or business. A judge can allow temporary exceptions for justified reasons (Art. 358).
- It cannot be used to dodge debts. A patrimony cannot be set up in fraud of creditors. The assets must be free of annotations and encumbrances. The application is published so anyone with an interest can object (Art. 357).
If the property still carries a mortgage or any other encumbrance except an easement (servidumbre), it has to be cleared first.
Who can set one up, and on what
| Question | What the Civil Code says |
|---|---|
| How many per family | Only one (Art. 354) |
| Founder | The father or the mother on their own property; husband and wife on common property of the marriage; or a third party as a donation or legacy (Art. 354) |
| Eligible assets | Homes; cultivable plots or parcels; industrial and commercial establishments operated by the family (Art. 353) |
| Value | No more than Q100,000 when constituted. A smaller patrimony can later be enlarged up to that amount by the same procedure (Art. 355) |
| Condition on the assets | Free of annotations and encumbrances (Art. 357). PGN asks for a certificate from the Registro de la Propiedad showing no encumbrances of any kind except easements |
Step by step: the notarial route
Under Decreto 54-77, “la solicitud puede presentarse ante notario”, so the request can go to a notary instead of a court. The request must meet the requirements of Article 444 of the Código Procesal Civil y Mercantil. The Civil Code rules apply, except the ones on judicial approval (Art. 24).
- Request before the notary. A written request, or an acta notarial de requerimiento (notarial act of request), is presented before the notary with the supporting documents listed below.
- First resolution. The notary issues a first resolution opening the file. PGN says notarial stamps (timbres notariales) must be attached to it in an extrajudicial case.
- Publications. If the request is well documented, the notary orders publication. As published, Article 25 calls for publication in the official gazette and another widely read paper “por tres veces, en el término de treinta días”, meaning three times within thirty days. PGN’s guidelines state: “No será necesario realizar la publicación en otro diario de mayor circulación”. In other words, the second newspaper is not needed. PGN asks for electronic-portal certifications, or copies of the notice published in the Diario de Centro América, as applicable. Your notary will tell you which applies.
- Objections. If someone objects, the notary sends the file to the competent court (Art. 25).
- Hearing. If the publication period passes with no objection, the 1977 text of Article 26 says the notary hears the Ministerio Público. PGN’s guidelines list a resolution granting a hearing (audiencia) to the PGN, also with notarial stamps attached. PGN’s virtual voluntary-jurisdiction desk “es únicamente para procesos y diligencias extrajudiciales (vía notarial)”, meaning it is only for notarial cases. Judicial cases are filed in person at PGN’s central desk.
- Deed. Once the requirements are met, the notary authorizes the deed. The person setting up the patrimony signs it “en su carácter de fundador”, as founder. The deed must name the beneficiaries, the assets covered, their value and the duration (Art. 26).
- Registration. For registration in the registries that match the class of assets in the patrimony, “bastará la copia simple legalizada de la escritura con el respectivo duplicado”. In other words, a legalized simple copy of the deed with its duplicate is enough (Art. 27). Registration can be requested by any person with an interest in securing the right to be registered. Registrars must make each entry within eight days of receiving the document, plus six more days if several operations are needed (Civil Code Art. 1127).
Documents PGN lists for the file
PGN’s guidelines for voluntary-jurisdiction matters list these items for setting up a family patrimony:
| Document | Where it comes from |
|---|---|
| Initial written request, or notarial act of request, with attached documents | Presented before the notary (Decreto 54-77, Art. 24) |
| First resolution opening the file, with notarial stamps attached (extrajudicial case) | Notary |
| Electronic-portal certifications, or copies or certified copy of the notice published in the Diario de Centro América, as applicable | Publication step |
| Sworn statement that the other properties carry no encumbrances | Declarant not named in PGN’s guidelines |
| Certificate from the Registro de la Propiedad showing the property or properties have no encumbrances of any kind, except easements | Registro de la Propiedad |
| Fiscal-roll (matrícula fiscal) certificate stating the declared value of the property | Issuing office not named in PGN’s guidelines |
| Resolution granting the hearing to PGN, with notarial stamps attached (extrajudicial case) | Notary |
Fees and timing
| Item | What the sources say |
|---|---|
| Registration fee (RGP tariff) | Item 2.2 of the RGP tariff sets “ciento sesenta quetzales (Q160.00)” for registering or annotating any contract, act or document of indeterminate value. The tariff passage does not name family patrimony, so the classification of this entry is not confirmed |
| Notarial stamps | Required on the first resolution and on the resolution granting the PGN hearing. Amount not published in the sources |
| Notary’s fee | Not published in the sources |
| Publications | Cost not published in the sources |
| Publication period | Three publications within thirty days (Decreto 54-77, Art. 25, as published) |
| Registry entry | Within eight days of receipt; six more days if several operations are needed (Civil Code Art. 1127) |
| End-to-end time | Not published |
How long it lasts and how it ends
The deed states the duration (Decreto 54-77, Art. 26). A patrimony with a fixed term must last at least until the youngest current family member comes of age. It can never be set up for less than ten years (Civil Code Art. 364).
Article 363 says it ends:
- when all beneficiaries stop being entitled to maintenance (alimentos);
- when the family, without justified cause and without court permission, stops living in the house or working the plot itself;
- when ending it is shown to be useful and necessary for the family;
- when the assets are expropriated; or
- when the term expires.
When it ends, the assets go back to the founder or the founder’s heirs. If the beneficiaries own them, they can end the joint ownership (Art. 365). PGN says an extinction must document one of the Article 363 grounds, and a hearing must be granted to the PGN (audiencia a la Procuraduría General de la Nación).
If you live abroad
The sources we reviewed publish no consular or remote route for this procedure. Two points from the law matter here:
- The founder signs the deed (Decreto 54-77, Art. 26).
- The beneficiary family must live in the house or personally work the property. Only a judge can allow temporary exceptions (Civil Code Art. 358).
PGN’s virtual desk is for extrajudicial (notarial) proceedings. Whether a representative can act for you is a question for your notary.
Limits of this page
- The Civil Code text we read is an ONSEC compilation hosted on a government site. It is not presented as a 2026 consolidated edition.
- The publication scheme in Decreto 54-77, Art. 25, and PGN’s guidelines differ, as described above.
- PGN’s guidelines refer to a table for the publication requirements that is not reproduced here.
- PGN’s guidelines do not say who makes the sworn statement or which office issues the matrícula fiscal certificate.
- Confirm the current requirements with your notary before you file.