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?

A Deed of Transfer is required in order to make any changes to an ownership entry on the basis of act between spouses or registered partners. There is no register of matrimonial property regimes in Ireland. A marriage or civil partnership will be registered in the Register of Births, Deaths and Marriages but this is a register for certificates only.

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.

At the outset, I would repeat that there is no register of matrimonial property regimes in Ireland. A marriage or civil partnership will be registered in the Register of Births, Deaths and Marriages but this is a register for certificates only.

In order to register we would require a document of disposition.

In Option A courts dealing with divorce in Ireland usually make orders directing the transfer by Paul of his share or interest in the property. In the event that Paul does not comply the court may direct a court officer to execute the transfer on his behalf. The Land Registry then registers the transfer. If a court directed the Land Registry to register Mary the Land Registry would comply.

In Option B we would require a deed of transfer to give effect to the terms of the agreement.

The answers would be the same when dealing with a registered partnership.

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 matrimonial property agreement would not be registered. We would require a deed of transfer by Paul into the joint ownership of Paul and Mary.

This would be the same if dealing with a registered partnership.