Registering rights derived from acts between a married person and a third party

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?

In Latvia by default everything acquired during the marriage by the spouses together, or by one of them, but from the resources of both spouses, or with the assistance of the actions of the other spouse, is the joint property of both spouses; in case of uncertainty, it shall be presumed that such property belongs equally to both spouses.

Land registry entry will correspond only to the new owner, but as written above it will be presumed that such property belongs equally to both spouses.

In Land registry entry an information about the owner of an immovable property, indicating the given name, surname and personal identity number for a natural person, but if such person is married, then, taking into account spousal property relations, it shall be added that the immovable property is a separate property of the spouse or that it is included in the joint ownership of spouses or that the spouses have separate ownership of all the property will be written.

The information about being in marriage must be declared only. When there is a matrimonial property regime, the judge uses information as described in Question 2.1.

If spouses are from another state with their own matrimonial property regime it still must be registered in The Register of Matrimonial Matters and then proceeded as set out in Question 2.1.

There would not be any different requirements asked. If there is no regime, only lawful regulation, governed by foreign law, then an entry in Land registry will be made on the request of the proprietor. If there will be a dispute regarding rights in rem it will be settled by foreign law.

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?

By default, in Land registry only the person who has made the acquisition is written in the entry as a proprietor (sole proprietor), because the law states already the status of the lawful property relations of the spouses as set out in Question 3.1. Shares between spouses can be entered separately but still this will be regulated by lawful property relations.

If there is no matrimonial property regime the regime is governed by lawful property relations as set out in the Civil Law (art. 89).

The spouses shall jointly administer and act regarding the joint property of both spouses, but upon both spouses agreeing it may also be administered by one of them. Any acts regarding such property by one of the spouses shall require the consent of the other spouse.

If spouse asks and there is a matrimonial property regime, then Land registry adds an entry that informs of such regime existing.

In case of foreign spouses see last paragraph of Question 3.1.

There is no regulation regarding engagements in Latvia. The regulation is the same as for not married persons.

3. What will the Land Registry demand from a married proprietor to register the transmission or any modification of his/her registered title?

The Land registry will check whether the proprietor is married on the date of the application except when there is a notice about matrimonial property regime of separate ownership of all the property. A copy of such regime will be kept in Land registry therefore the proprietor does not have to present proof.

In all other cases the Land registry will ask for a written consent of the other spouse.

Regarding default regimes established by other national laws, the procedure would still be that such acts are registered beforehand in The Register of Matrimonial Matters which is an electronic collection of information (recordings). Records of the spouse’s property register are made by the notary public of the Register of Enterprises.

The Register of Enterprises shall send the information registered to the holders of registers of movables and Land Registry Offices within a working day after the entry is entered in the Register of Matrimonial Matters. The exchange of information these registers may also take the form of electronic documents.

In case of applicable law personal and property relations of spouses shall be determined in accordance with Latvian law, if the place of residence of the spouses is in Latvia. If property of the spouses is in Latvia they, in respect of such property, shall be subject to Latvian law notwithstanding that they themselves do not have a place of residence in Latvia.

As mentioned before there is no registered partnership regulation in Latvia.

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.

Will Janos be registered as sole proprietor? Will the entry make any reference to the name of his spouse? Or his matrimonial property regime?

Assuming that this act of Matrimonial property agreement is registered in Land registry, Land registry will decline to register ownership if Janos will not present a written consent from Elena.

In case the deed says nothing about it, does the registry demand information about the civil status (married/ single (widow) of Janos? The identification of the spouse? Their matrimonial property regime?

According to art.127 of the Civil Law, a notice of the fact that such immovable property rights that are included in the joint property are to be entered in the Land Registry. In a case where no such notice would be written Land registry wouldn’t ask any information about the civil status of Janos or spouse ID, or their matrimonial property regime.

Would any proof of the concrete matrimonial property regime would be required? What if Janos and Elena’s matrimonial economic regime is under a foreign law?

No, since such regime would have to entered in Land registry (see previous answer). Since the Land registry does not actively collect any information about Janos, they wouldn’t know about the foreign matrimonial economic regime.

Would that information appear somehow in Janos’ right registration?

According to art.127 of the Civil Law, a notice of the fact that such immovable property rights that are included in the joint property are to be entered in the Land Registry.
A notice in section B (Section 2 in Latvian Land registry) would be written regarding the joint ownership of the property of spouses.

In a case where no such notice would be written Land registry wouldn’t ask any information about the civil status of Janos or spouse ID, or their matrimonial property regime.

If the answer is affirmative, will that information be taken into account if Janos performs a disposition act of the registered property to a third party in the future?

Land registry would ask a written consent from spouse if Janos sells the property to a third party if Janos will mention in his application that he is married.

Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?

There is no registered partnership in Latvia’s legislation.

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.

Will the registry make the registration according to her wishes without any proof of the matrimonial property agreement?

Yes; Land registry will not ask for any additional information if the right to be registered is usufructus. In this case only a consent from the owner would be necessary.

Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?

There is no registered partnership in Latvia’s legislation.