1. When a married person becomes the owner of a registered property, which special requirements derived from his/her civil status must be taken into consideration in order to get the new title registered in the Land Registry?
2. How the registration in favor of a married person would be done? Would any interested party be able to know by checking the land registry information any restriction in the powers of the owner derived from the matrimonial property regime?
The ownership entry will make no reference to a spouse or to any matrimonial property regime. The registry demands no information regarding marital status or any regime and no such information appears in the registration.
3. What will the Land Registry demand from a married proprietor to register the transmission or any modification of his/her registered title?
The requirements are the same for all parties whether married persons, registered partners or others.
Practical case 1
Janos, who is married to Elena under a matrimonial economic regime of community of joint assets, buys an immovable property. He signs the deed of transfer before a local notary, acting solely and on his own, without any intervention of his wife Maria. The deed of transfer is sent to the Registry for registration.
Janos will be registered as sole owner. The entry will make no reference to his spouse or to any matrimonial property regime. The registry demands no information regarding his marital status or any regime and no such information appears in his registration.
A future disposition solely by Janos to a third party in good faith would be valid and would be registered. As part of the conveyancing process, the purchaser will demand a declaration or a solicitor’s certificate that the property is not the family home. If it is the family home, the consent of Elena will be required. However, neither a declaration nor a consent by the spouse will be required as part of the application for registration.
The answer would be the same for a registered partnership.
Practical case 2
Pierre is married to Michelle and although the matrimonial property regime established by the applicable law is a joint community one, the same law allows the spouses to modify that legal regime adopting a different one which is the property separation of assets regime, for which purpose they both sign a matrimonial property agreement modifying their matrimonial community property regime into a separation of assets one.
When Michelle buys the right of usufruct on an immovable asset, she appears on her own in the contract of sale and the transfer deed and she wants that the registration to be made in such a manner that no restriction or limitation derived from her marriage appear in the registry.
As there is no register of matrimonial property regimes, the deed of transfer will be registered with no restriction or limitation.
This would be the same for a registered partnership.