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 Land Registry makes changes in ownership entry if the spouses decide to modify their matrimonial property regime, decide to transfer the ownership of the property or the marriage ends. Also if there is a court decision which modifies the matrimonial property regime or the ownership of the spouses.
The Land Registry makes changes on the basis of a notarially authenticated disposition act or marital property contract or on the basis of court decision which has entered into force.
The relevant document must contain information about civil status, matrimonial property regime to be modified and application for Land Registry for making the changes in register.
In case of foreign spouses the requirements are the same. They have to go to Estonian notary and make the marital property contract and application for the Land Registry.
Under Estonian law cohabitation cannot be registered and there is also no other special regulation foreseen for nonmarital cohabitation.
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.
Land Registry makes changes in ownership’s entry on the bases of court decision or acts performed between the spouses. Spouses have to submit a notarized agreement to the Land Registry. In case of joint ownership the spouses are both entered in Land Registry.
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.
Is this transmission entered in the land book? Which should be the relevant documents?
The transmission will be entered to the land book. Spouses have to submit a notarized matrimonial property agreement to the Land Registry.
Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?
Under Estonian law cohabitation cannot be registered and there is also no other special regulation foreseen for nonmarital cohabitation.
