Registering rights derived from acts between spouses
Would the Land Registry make changes in ownership’s entry (proprietorship) on the bases of acts performed between the spouses?
The registry can be modified on the basis of the following acts:
- an act of disposition between spouses such as sale, donation, exchange or any other acts of transfer of ownership
- a matrimonial agreement between spouses
- a distribution act of the matrimonial property by agreement or by a court decision
As required by law, all the deeds submitted for registration shall be authenticated by a notary in function in Romania. They shall contain information regarding the civil status and matrimonial regime. A sine qua non condition for registration refers to the need of cadastral identification of the immovable property (cadastral/topographical number, land book number).
Regarding the spouses married under a foreign law, there should be no problem with registration as long as their matrimonial regime is recognized by Romanian law. Otherwise, the principle of adaptation shall apply. However, such cases have not yet been presented.
Reg. 1103/2016 and Reg. 1104/2016 do not apply to Romania.
Practical case 1
Paul and Mary married and they both own jointly an immovable property registered as such in your land book. Following a divorced between them, the property will become of exclusive ownership of Mary;
a) by means of the Court decision,
b) by an agreement between spouses in order the liquidation of their common assets.
By means of a court decision, the spouse who becomes the exclusive owner of the asset will be registered as such.
As regards the agreement between the spouses, on the basis of the deed of liquidation of legal community of assets authenticated by the notary public, the spouses establish the shares they acquired the right of property, which shall be entered in the Land Registry as a notation.
In step two, Mary shall be registered as exclusive owner by partition, upon the convention of the parties.
The registration is made on request.
There is no certain solution for registered partnerships. Regulation (EU) 2016/1103 and 2016/1104 does not apply to Romania.
Practical case 2
Paul is the registered owner of an immovable property acquired by succession. Sometime after his registration, Paul marries Mary and decides that the property will be in the common ownership of both spouses, so they perform the transmission act by a matrimonial property agreement according to the applicable law.
The registration will be made based on a deed authenticated by a notary functioning in Romania.
