It is very common for parents to donate a home to children, either as an advance of inheritance or change of some future commitment, such as care. You have to keep in mind that For a donation to be valid, it must be formalized in public deed, But they are not irrevocable. The law protects the donor to recover the property, and parents can revoke the donation as long as some of the legal causes that the Civil Code establishes for it.
They have clarified it from the General Council of Notaries, responding to the doubt of a father who donated his floor to a son In exchange for care that never arrived, and wondered if he could revoke that donation. “Yes, you can do it,” says the institution.
The Civil Code expressly regulates it, and indicates in its article 647 that “the donation will be revoked at the request of the donor, when the donor has stopped fulfilling any of the conditions that he imposed on him.”
Causes for which a father can revoke the donation of a house by son
Experts point out that “donations are revocable for the causes provided in our Civil Code.”
These are collected in article 648 of the Civil Code establishes the assumptions in which this revocation fits:
- If the son commits any crime against the person, honor or assets of his father.
- If the child imputes the commission of any crime that from place to an ex officio procedure or public accusation to the father
- If the son denies the sustenance of the father.
Deadline to revoke the donation of a home to a child
Now, we must bear in mind that the deadline to revoke the donation is not infinite. As the causes are determined, the Civil Code determines the deadline that the donor has to revoke the assignment of the good.
In its article 652 it specifies that this action cannot be renounced in advance and that the deadline to revoke it prescribes the year that the donor has knowledge of the fact that motivates the revocation. That is, a year since the father has knowledge that his son has incurred any of the causes indicated above.