Land registry and family home protective rules

Land Registry and the family home protective rules 

As regards, the assets inherited by a spouse, these are considered their own assets and may be subject to disposal by the exclusive owner.

In case there is a record in the land book regarding the fact that the immovable represents a ”family home”, any disposition shall be made by the spouses, jointly.

Land registry checks if the seller complies with this provision.

Other Overriding mandatory provisions in family law

No

Practical case

Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.

Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.

This contract will be registered considering that Pietro is an exclusive owner, since he inherited the house.

In case the respective immovable represents a ”family home”, the consent of the other spouse shall be needed .