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

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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?

Information about civil status is voluntary and doesn´t have to be specified in contract.

Land registry isn´t interested in civil status and therefore no documents are demanded.

In Slovak republic there is only default regime and there is no possibility to change it. When spouses will buy property, they can buy it to matrimonial regime and on title deed will be written 1/1. So the shares of both spouses are the same.

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 new proprietor will be entered into land book according to acquisition act. Information about civil status is voluntary, so registrar doesn´t know, whether the person is single or married person. When contract (acquisition act) is signed only by this person, this person will be registered in land book as sole proprietor. In case, when contract is signed by both spouses, they will be registered in land book in matrimonial regime.

Matrimonial regime is registered on title deed in share 1/1. In this case spouses can dispose with property only together.

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

If the matrimonial regime is registered in land book, the proprietor doesn´t have to proof any special requirements regarding that regime. When married person is registered as sole proprietor in land book, registrar doesn´t know the civil status, so there is no special requirements to acquire the property.

There are no special requirements in slovak legal system. Our legal systems knows only matrimonial regime between spouses.

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 María. 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?

Information about civil status is voluntary and doesn´t have to be specified in contract. Janos will be registered as sole proprietor. There will be no reference about his spouse or his matrimonial regime.

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 about civil status is voluntary and doesn´t have to be specified in contract. Land registry isn´t interested in civil status and therefore no documents are demanded.

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?

Information about civil status is voluntary and doesn´t have to be specified in contract. Janos will be registered as sole proprietor. There will be no reference about his spouse or his matrimonial regime.

Would that information appear somehow in Janos’ right registration?

Information about civil status is voluntary, so registrar doesn´t know, whether the person is single or married person. When contract (acquisition act) is signed only by this person, this person will be registered in land book as sole proprietor. In case, when contract is signed by both spouses, they will be registered in land book in matrimonial 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?

If Janos is registered as sole proprietor, the disposition act will be signed only by Janos and the third party.

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?

If Janos is registered as sole proprietor, the disposition act will be signed only by Janos and the third party. This contract will be registered. The wife can sue validity of this contract at a court.

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

We haven´t got registered partnership in Slovak republic.

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?

Agreement on narrowing the scope of the spouses’ co-ownership written by state notary (this document can be written only by state notary) has to be attached to the proposal of the contract between Michelle and the third party.

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

No, it isn´t sufficient. Agreement on narrowing the scope of the spouses’ co-ownership written by state notary has to be attached to the proposal of the contract between Michelle and the third party.

Should that agreement be registered first as a prerequisite for the registration in the Land Registry?
No, agreement on narrowing the scope of the spouses’ co-ownership written by state notary can´t be registered separately.

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

We haven´t got registered partnership in Slovak republic.