Registering rights derived from acts between spouses

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Would the Land Registry make changes in ownership’s entry (proprietorship) on the bases of acts performed between the spouses?

Generally, any act involving two spouses makes changes in L.R. entries.

Acts that can modify the registry are:

  • a disposition act (purchase agreement, deed of gift) between them;
  • a matrimonial agreement (when the spouses change their matrimonial property regime [i.e. from legal community regime to separation of assets]);
  • a disposition act disposed by a Court (i.e. in case of divorce).

In each case, the document that any party shall produce, has to be an original document or a copy authenticated only by a notary1.

The deed must contain a declaration of the spouses about their matrimonial property regime. It is also possible to provide a certificate of marriage.2

Foreign spouse and national spouse are equalized: they have to produce the same documents.

In case of foreign spouses the chosen matrimonial property regime is specifically indicated in L.R. entries (i.e. comunione secondo il diritto germanico – in community of property according to German law).

After l. 20-05-2016 n. 76 a registered partnership has the same relevance as other matrimonial property regimes in L.R. entries.

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 registry, because L.R. entries (except for mortis causa or ab origine transfers of property) have constitutive effect . Each change should therefore be publicized.
In real folio property shares will be changed and the link to the community of joint assets expunged, simply providing a copy of the Court decision or of the agreement between spouses.

After L. 76/2016 effects of registered partnerships and marriage are equalised.

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 also entered in the Land Book, providing a copy of the deed.