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?

Any change in ownership’s entry can be produced in the Italian Land Registry by means of a disposition act between spouses or a distribution act of the matrimonial property’s; this latter can be produced either by agreement between spouses or by a court decision.

As a general rule, the Land Registry can accept only acts performed pursuant a notarial deed, a judicial disposition or a private writing with signatures judicially ascertained.

In order to register a deed in the Italian deed registry system, which is in force in the most part of the Italian territory (with the exception of the provinces in which the “Tavolare “ system applies), it is necessary to submit to the registrar (Conservatore dei Registri Immobiliari) two documents: the deed to be transcribed and the so called “nota” in which the relevant information is organized in three main sections with reference to the data of the deed, the identification of the immoveable property and its location, the subjects and the rights as described in the deed.

The relevant documents needed to produce such a modification in the Land Registry are:

• a previous registration of the marriage in the proper Register kept in each municipality;
• a previous registration of the agreement by which the spouses can choose a different matrimonial property regime; the authentic act before the notary.

The information related to the civil status of the parties and their matrimonial property regime. is verified by the notary.

As well as for traditional married couples occurs, a registered partnership is relevant for Land Registry when registering acts between partners.

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.

This situation is relevant for the register, because Mary will became the exclusive owner of the property.

In order to obtain the transcription in the Italian Land Registry, pursuant articles 2657 and 2659 of the civil code, the relevant documents are:

a) the Court decision in case of joint divorce
b) the notarial deed in case of agreements between spouses

In both cases the so called “Nota” is to be presented to the registrar (art. 2659 of the civil code).

The abovementioned requirements are the same in case of 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.

This transmission is to be entered in the land register.

The relevant documents to be submitted in order to obtain the registration are the notarial deed of transmission and the “Nota”.

In case of a registered partnership, the rules are the same.