By Nicolas Ramirez \u2014 Real Estate Attorney | Convexo Real Estate Law, Medell\u00edn, Colombia<\/strong><\/p>\n\n\n\n Updated: April 2026 \u00b7 Reading time: 9 minutes<\/em><\/p>\n\n\n\n Before signing a purchase agreement in Colombia, almost everyone checks the price, the payment schedule, and the closing date. Almost no one checks something equally important: the seller’s marital status and whether it affects their legal ability to sell 100% of the property.<\/p>\n\n\n\n That “detail” can block registration at the Public Registry, force you to negotiate with someone who never signed anything with you, or open the door to a nullity claim after you have already paid.<\/p>\n\n\n\n This article explains exactly why it happens, how to identify it before you sign, and what to do if you already signed without checking.<\/p>\n\n\n\n In Colombia, both marriage<\/strong> and common-law unions<\/strong> (uni\u00f3n marital de hecho<\/em>) create an automatic economic effect: assets acquired during the relationship generally belong 50\/50 to both partners \u2014 regardless of whose name appears on the deed<\/p>\n\n\n\n This has a direct consequence in real estate:<\/p>\n\n\n\n Beyond the property society, there is a separate legal figure that can prevent a sale even after the society has been liquidated: the family home designation<\/strong> (afectaci\u00f3n a vivienda familiar<\/em>), governed by Law 258 of 1996.<\/p>\n\n\n\n This designation applies when the property serves as the family’s primary home. It can arise in two ways:<\/p>\n\n\n\n The effect is absolute: a property with an active family home designation cannot be sold or mortgaged without the signature of both spouses or permanent partners<\/strong>, regardless of whose name is on the deed.<\/p>\n\n\n\n Simply put: even if the property is solely in the seller’s name, if this designation is active, they cannot sell it alone.<\/p>\n\n\n\n This is the situation that appears most frequently in consultations and generates the most legal problems:<\/p>\n\n\n\n The seller bought the property while married or in a common-law union. Today they present themselves as “separated” and say they have already “settled things” with their ex-partner. The buyer assumes that being separated means they can sell freely.<\/em><\/p>\n<\/blockquote>\n\n\n\n The problem is that separation in practice does not automatically dissolve the conjugal or patrimonial society<\/strong>. Until a formal liquidation exists that includes that specific property and adjudicates it 100% to the seller, the ex-partner retains legal rights over it.<\/p>\n\n\n\n A purchase agreement (promesa de compraventa<\/em>) in Colombia is a preparatory contract that legally binds both parties to sign the public deed in the future under agreed conditions. For it to be valid, the underlying contract it promises \u2014 the actual sale \u2014 must be valid and lawful<\/strong> (Art. 1611, Colombian Civil Code).ariasabogados+1<\/p>\n\n\n\n Here is the problem no one anticipates:<\/p>\n\n\n\n If the seller lacks the legal capacity to dispose of 100% of the property because their ex-partner holds rights over it, the promised contract is missing an essential element of validity<\/strong>. That flaw exists from the moment the agreement is signed \u2014 not from the deed.<\/p>\n\n\n\n Many buyers treat the purchase agreement as an informal reservation they sign quickly to secure the price. That is exactly the mistake. The agreement is the moment for serious legal review \u2014 not a preliminary formality.<\/p>\n\n\n\n The first document to examine is the Certificate of Title and Encumbrances<\/strong> (Certificado de Tradici\u00f3n y Libertad<\/em>) of the property, updated within the last 30 days.<\/p>\n\n\n\n In that certificate, verify specifically:<\/p>\n\n\n\n But the Certificate only tells part of the story. That information must be cross-referenced with the seller’s personal situation:<\/p>\n\n\n\n If the seller states they purchased the property while married or in a common-law union and now presents as separated, the verification order is:<\/p>\n\n\n\n 1. Confirm marital status at the time of purchase<\/strong><\/p>\n\n\n\n 2. Verify whether the property society was formally liquidated<\/strong><\/p>\n\n\n\n 3. Confirm the property was included in that liquidation<\/strong><\/p>\n\n\n\n 4. Check the family home designation<\/strong><\/p>\n\n\n\n If any of these points cannot be closed with verifiable documentation, this is not the moment to sign the agreement<\/strong>. It is the moment to request documents, propose suspensive conditions, or restructure the transaction.<\/p>\n\n\n\n Committing your signature and money without verifying the seller’s marital status can have concrete consequences:<\/p>\n\n\n\n The Registry may refuse to record the deed<\/strong> The ex-partner can challenge the sale<\/strong> Nullity of the transaction<\/strong> Loss of time, money, and opportunity<\/strong> If you have already signed, there are still actions available \u2014 but your options narrow with time:<\/p>\n\n\n\n The reality is straightforward: addressing this before signing costs a consultation. Addressing it afterward can cost months of litigation.<\/p>\n\n\n\n Most purchase agreements in Colombia fall apart \u2014 or create legal problems \u2014 because of issues that were visible before signing and nobody checked.<\/p>\n\n\n\n We put together a 7-point legal checklist<\/strong> specifically designed for foreign buyers and investors purchasing property in Colombia. It covers every marital status scenario, what documents to request from the seller, and the exact red flags that indicate you should not sign yet.<\/p>\n\n\n\n The checklist is free.<\/strong> It takes 30 seconds to request.<\/p>\n\n\n\n Here is what it covers:<\/p>\n\n\n\n
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\n\n\n\nHow Property Ownership Works in Colombian Marriages and Partnerships<\/h2>\n\n\n\n
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\n\n\n\nLaw 258 of 1996: The Additional Layer That Can Block the Sale<\/h2>\n\n\n\n
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\n\n\n\nThe Most Common \u2014 and Most Dangerous \u2014 Scenario<\/h2>\n\n\n\n
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Seller’s Situation<\/th> Can Sell 100% Alone?<\/th> What Is Required<\/th><\/tr><\/thead> Single, never married or in union<\/td> \u2705 Yes<\/td> Verify the Certificate of Title<\/td><\/tr> Married with active conjugal society<\/td> \u274c No<\/td> Spouse’s signature<\/td><\/tr> Divorced with liquidated society, property adjudicated<\/td> \u2705 Yes<\/td> Prove liquidation and adjudication<\/td><\/tr> Divorced without liquidating the society<\/td> \u274c No<\/td> Liquidate first<\/td><\/tr> Active declared common-law union<\/td> \u274c No<\/td> Partner’s signature<\/td><\/tr> Separated in practice, no legal process<\/td> \u274c No<\/td> Liquidate the patrimonial society<\/td><\/tr> Property with active family home designation<\/td> \u274c No<\/td> Both signatures or formal removal<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
\n\n\n\nWhy the Purchase Agreement Is the Critical Moment \u2014 Not the Deed<\/h2>\n\n\n\n
\n\n\n\nWhat to Verify Before Signing: The Certificate of Title<\/h2>\n\n\n\n
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\n\n\n\nStep by Step: How to Verify Before You Sign<\/h2>\n\n\n\n
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\n\n\n\nWhat Can Happen if You Sign Without Verifying This<\/h2>\n\n\n\n
If a family home designation is detected at closing without both partners’ signatures, the Public Registry Office can refuse to record the deed. The sale exists on paper but does not legally transfer ownership.<\/p>\n\n\n\n
A person who held rights over the property and was never included in the transaction can file a claim, demand their 50%, or seek nullity of the transaction \u2014 even years after you signed and paid.<\/p>\n\n\n\n
If the party who promised to sell lacked the legal capacity to dispose of the asset, the contract can be declared null.<\/p>\n\n\n\n
Best case: redo paperwork, negotiate with the ex-partner, and wait for the society to be formally liquidated. Worst case: lose the purchase opportunity entirely and absorb attorney fees, title study costs, and real estate commissions that are not recoverable.<\/p>\n\n\n\n
\n\n\n\nAlready Signed Without Checking This?<\/h2>\n\n\n\n
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\n\n\n\nMarital Status and Selling Capacity in Colombia<\/h2>\n\n\n\n
Scenario<\/th> Property Society<\/th> Possible Designation<\/th> Can Sell Alone<\/th><\/tr><\/thead> Single, no prior cohabitation<\/td> Not applicable<\/td> No<\/td> \u2705 Yes<\/td><\/tr> Married, active conjugal society<\/td> Active<\/td> Possible \u2014 Law 258\/96<\/td> \u274c No<\/td><\/tr> Divorced, society liquidated, property adjudicated<\/td> Liquidated<\/td> Verify removal<\/td> \u2705 Yes<\/td><\/tr> Divorced, society not yet liquidated<\/td> Partially active<\/td> May exist<\/td> \u274c No<\/td><\/tr> Active declared common-law union<\/td> Active patrimonial society<\/td> Possible \u2014 Law 258\/96<\/td> \u274c No<\/td><\/tr> Separated in practice, no legal process<\/td> Active \u2014 not liquidated<\/td> May exist<\/td> \u274c No<\/td><\/tr> Widowed with inheritance liquidation<\/td> Depends on adjudication<\/td> Verify<\/td> Depends<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
\n\n\n\nBefore You Sign: The Legal Checklist You Cannot Skip<\/h2>\n\n\n\n
\n\n\n\n\ud83d\udd12 Get the Full Checklist \u2014 Free<\/h2>\n\n\n\n
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