Registering rights derived from acts between spouses

Would the Land Registry make changes in ownership’s entry (proprietorship) on the bases of acts performed between the spouses?

When property is registered in land book in matrimonial regime, there is only agreement between spouses or court decision to change this regime.

Agreement between spouses is relevant only after the court decision of extincion of matrimonial regime. Then each of the spouses can acquire ownership of property to sole ownership.

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;

If Paul and Mary own the property before marriage in joint ownership regime, they still will have joint ownership regime to this property after marriage. It will not be changed to matrimonial regime after marriage.

The property in joint ownership acquired before marriage remains in their joint ownership also in case of divorce. Only the property acquired during the marriage will be in matrimonial regime.

a) by means of the Court decision,
b) by an agreement between spouses in order the liquidation of their common assets.

Only the property acquired during the marriage will be in matrimonial regime. After divorce there are two possibilities: they can deal property in matrimonial regime by an agreement between them or when there is no agreement, it is necessary to have court decision.

Is this situation relevant for the registry?

Yes, divorce influences regime of ownership between spouses after divorce.

How is it reflected in the land book? What are the requirements for its registration and which documents should be presented to update the Land Registry?

There can be agreement between spouses or when there is no agreement, it is necessary to have court decision.

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

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.

Is this transmission entered in the land book?

The property acquired by succession will be in Paul´s sole ownership also after the marriage. If Paul wants to transfer the ownership to the common ownership of both spouses, there must be an agreement between spouses. That ownership between spouses according to the agreement will be their joint ownership (no matrimonial regime). This agreement has to be entered into the land book.

Which should be the relevant documents?

An agreement between spouses will be the relevant document.

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.