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?

Matrimonial property agreements such as prenuptial- or marriage agreements are not registered in the land register. A transfer act is needed to register a new owner, such as a conveyance contract (gift between the spouses, purchase or a contract regarding division of matrimonial property). According to foreign law, a matrimonial agreement could include a transfer of property. If this is the case the document could be used to register the title of ownership. A court ruling can also be the basis of a registered title.

An application form and the transfer deed is needed in order to produce a modification in the land book (registration of title). If the application is made in paper form the transfer deed shall be provided in original form.

No special requirements are needed for the documents. The transfer deed must fulfil the formal requirements according to law. There is normally no need for authentication, involvement from a notary or previous registration.

Regarding purchase or other forms of acquisition, no information is required about civil status or the property regime between spouses.

Registered partners are treated exactly the same way as married couples.

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 principal the parties (former spouses) divide their matrimonial property according to their own will by entering an agreement signed by both parties. If the former spouses cannot agree among themselves about how to divide their property, the court can assign a property division executor “bodelningsförrättare” who decides upon the matter. The decision by the executor may be appealed to the court for a ruling. A court decision would be a last resort to settle the division of the matrimonial property.

It is mandatory to apply for title registration after all kinds of acquisition of immovable property, unless the property was already owned by the same person. This means that application for title is necessary for the share of the immovable property that the spouse didn’t own before the division of the matrimonial property. It is possible to apply for title for the entire property even if the applicant owned a portion of the property before, but it is not mandatory.

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?

The Swedish land register contains information about the registered owner to the property. It also states the date of the transfer and by which sort of legal document the property was acquired. For example, a division of matrimonial property (partition of joint property). The document (containing the division of property) has to be signed by both parties (former spouses) or by a property division executor, after the application of divorce has been made and has to be attached in paper original form or in electronic form in the shape of certified true copy of the paper original.

Registered partners are treated exactly the same as married couples.
Today marriage is the only option in Sweden regardless if the spouses are of the same or different gender. In the past, Sweden registered partnerships but already then the same rules applied as for married spouses of different gender.

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?

It is mandatory to apply for title registration. All transmissions are entered in the land register.

The transfer deed can be made in many different forms in accordance with the law. For example in the shape of a gift, purchase contract or an agreement of division of matrimonial property during an ongoing marriage.

Registered partners are treated exactly the same as married couples.