Registering rights derived from acts between spouses

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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.

In both cases, a notary deed reflects the new situation. This notary deed will be submitted for registration to the Land registry. No further documents should be presented.

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.

A matrimonial property agreement has to take the form of a notary deed. Such a deed is submitted for registration at one of the “Bureaux des Hypothèques” (Land registry). In case of a partnership, the situation will be different, because a partnership has no impact on the assets owned by the partners: hence, a matrimonial property agreement between partners is not possible.

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