A desmembracion splits a finca registered at the Registro de la Propiedad to form one or more new fincas, each with its own registration, which can then be sold, mortgaged or inherited separately. The Registro’s fee schedule charges separately for each finca formed by subdivision and for annotating each subdivision on the parent finca.

It is how co-owners, for example siblings who inherited land together, stop sharing a single finca: the Civil Code says no co-owner is obliged to remain in co-ownership and any of them may ask at any time for the common property to be divided (Art. 492).

The procedure involves a colegiado professional who draws the plans, the municipality where the land is, a notary who authorises the deed, and the Registro de la Propiedad, which registers it.

Quick summary: At the Registro it costs Q160 base + Q50 per new finca + Q50 per annotation on the parent finca (Acuerdo Gubernativo 325-2005, numerals 2.1-2.2 and 2.10). The notary charges what you agree or, absent agreement, Q200-Q5,000 for a deed of indeterminate value (Código de Notariado, Art. 109). Plans must be signed by active colegiado civil engineers, architects or agronomists, with exceptions (Civil Code, Art. 1131). The Civil Code requires registrars to register within eight days of receiving the document, extended by six more days if the document gives rise to several operations (Art. 1127).

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What the Registro charges

Item (Acuerdo Gubernativo 325-2005)Fee
Registration, document of indeterminate value (numeral 2.2)Q160
Registration, document of determined value (numeral 2.1)Q160 if under Q10,000; from Q10,000, Q160 plus Q1.50 per thousand or fraction of the excess
Each finca formed by subdivision (numeral 2.10 c)Q50
Annotating each subdivision on the parent finca (numeral 2.10 c)Q50
Transcribing real rights onto the new fincas (numeral 2.10 d)Q50
Property certificate (numeral 2.8)Q50 up to ten sheets, plus Q5 per extra sheet
Justified rejection or suspension of the document (numeral 2.5)Q25

Example: two new fincas in a deed of indeterminate value: Q160 + 2 × (Q50 + Q50) = Q360 at the Registro.

Step-by-Step Process

  1. Get a property certificate (Q50 up to ten sheets, plus Q5 per extra sheet) to confirm measurements, owners and liens.
  2. Hire an active colegiado professional (civil engineer, architect or agronomist) for the plans, unless your case falls under the article 1131 exception.
  3. Ask the municipality whether it requires a licence or authorisation to divide the land, and get it before the deed is signed. In Guatemala City, Acuerdo COM-012-04 lists lotificación and urbanización among the licences it charges for.
  4. Hire a notary for the subdivision deed, and ask them who must sign it given who is registered as owner of the parent finca.
  5. Present the deed at the Registro and pay the fees in the table above.
  6. The Registro registers the new fincas and annotates the subdivision on the parent finca.
  7. The notary notifies the cadastre: within 15 days of the subdivision being registered, the notary must report the new fincas’ data to DICABI, with the plans (Código de Notariado, Art. 38).

From the US (Diaspora Guide)

  • Grant a power of attorney to a family member or attorney in Guatemala to handle it for you; see how to do it from the US.
  • Get all co-owners or heirs to agree on how the land will be divided BEFORE starting. No co-owner is obliged to stay in co-ownership, and any of them may ask for the common property to be divided (Civil Code, Art. 492).
  • Your budget is the Registro’s fees (table above), whatever the municipality charges, the fees of the professional who draws the plans, and the notary’s fee.
Details

If the family split the land by word of mouth or with boundary markers, at the Registro it is still a single finca. A desmembracion formalises the split in the Registro. If the registered owner has died, their rights pass to the heirs from the moment of death (Civil Code, Art. 918), and the heirs’ title comes out of the succession proceeding: in the notarial route, the notary issues each heir a testimonio with their recognition as heir (Código Procesal Civil y Mercantil, Art. 497). See our succession guide.

Details

A mortgage is indivisible and remains whole over the entire mortgaged finca (Civil Code, Art. 825), so it keeps encumbering the resulting fincas; the fee schedule charges Q50 for transcribing real rights onto the new fincas (numeral 2.10 d). A debtor who has paid more than 50% of the debt can ask the lender to release some of the fincas, provided those still encumbered bear a fair relation to the balance (Art. 826). For unencumbered lots, cancel the mortgage first (see mortgage cancellation).

Common Mistakes

  • Finca data written wrong. The finca, folio and libro numbers in the deed must match the registration; check them against a recent certificate before signing.
  • Plans without an active colegiado’s signature where the law requires one (Civil Code, Art. 1131). Check the professional’s registration before paying.
  • Filing without the municipal authorisation your municipality requires. Ask before signing the deed.
  • Payment methods: check on rgp.org.gt how fees are paid before filing.
  • Rejected document: if the Registro rejects or suspends the document with justification, it charges Q25 (numeral 2.5).

Sources