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?

When registering a new donated owner, the registry checks whether how the marriage matrimonial regime is binding in the marriage statutory or contractual or matrimonial property separateness. If the regime of matrimonial is satutory law is in force, does the spouse agree to conclude a contract.

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?

The registry reveals the matrimonial regimes that secure the right of co-ownership of the property. One of the spouses can not sell the property without the consent of the other. Their co – ownership is undivided. Unfortunately, in the absence of basic knowledge of matrimonial property regimes, the information disclosed in the register will not indicate any restrictions

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

A notarial deed containing sales contracts, a donation contract. For changes in the personal data of the act of marriage.

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?

If you made the purchase for money coming from your personal fortune. Yes.

The entry will not give the spouse’s first and last name and will not disclose the matrimonial regime. Property becomes co-ownership of both spouses

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?

Information on marital regime is very important. If the spouse does not buy real estate for the marriage, the act should include information whether he is buying into separate fortune or between spouses matrimonial property separateness applies between them. In the event that Janos bought a property for himself from the spouses’ fortune, such an agreement would be null and void.

According to the Family and Guardianship Code

Art. 37. § 1. The consent of the other spouse is needed to make: 1) legal transaction leading to disposal, encumbrance, paid purchase of real estate or perpetual usufruct, as well as leading to the commissioning of real estate for use or collecting benefits from it; 2) legal transaction leading to disposal, encumbrance, and purchase of a right in rem which pertains to a building or premises; 3) legal transaction leading to disposal, encumbrance, pay purchase and lease of a farm or enterprise; 4) donations from common property, with the exception of small donations customarily accepted. § 2. The validity of the contract, which was concluded by one of the spouses without the required consent of the other, depends on the confirmation of the contract by the other spouse. § 3. The other party may designate a spouse whose consent is required, a reasonable period to confirm the contract; becomes free after the expiration of the set time limit. § 4. A unilateral legal action carried out without the required consent of the other spouse is null and void.

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?

The marriage certificate or the agreement on matrimonial property separation should be attached to the notarial deed.

Would that information appear somehow in Janos’ right registration?

Not only name, surname, parents’ names, PESEL

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?

No

If the answer is negative, a future disposition performed solely by Janos to a third party in good faith would be valid? Would it be registered?

Yes

If J bought a property from the fortune of common spouses according to art. 38. Family and Guardianship Code „If on the basis of a legal act performed by one spouse without the required consent of the other, the third party acquires the right or is released from the obligation, the provisions on the protection of persons who have made a legal action in good faith with a person not authorized to dispose of the law”.

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

Would it be sufficient to present the document containing that agreement?

Yes

Should that agreement be registered first as a prerequisite for the registration in the land registry?

No