2. Registering rights derived from acts between spouses

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Overview:

The matrimonial property regime determines the rules governing the economic relations between spouses or registered partners. Following marriage, is frequent that a set of assets become matrimonial or common property of the couple, while others remain as private property of each of them.

In that situation, spouses can transfer properties from one category to another, they can dispose any of their properties in favor of each other, or even they can modify their matrimonial property regime.

When marriage or registered partnership ends, either by divorce or by death, common properties must be liquidated and distributed between spouses or their heirs. And this could be done either by a court decision or by an agreement of the interested parties.

All these situations are relevant for the land registry, since they all produce an alteration in the registered title.

This section will explain which concrete acts performed by the couple can modify the registered right, and which are the requirements demanded by the land registry for that purpose. Those could be referred to the type of documents which must be presented and the minimum content thereof. It will also deal with the additional requirements that will be demanded by the land registry before registration, like payment of taxes or the previous registration in special registers.

Finally, account must be taken to the fact that Land Registration Law, which is excluded from the scope of the EU Regulations, combines some genuine registration rules with others which are procedural rules established in consideration to the sustantive law applicable to the devoted act or relation in which is found the right of the applicant.

For that reason, on the on hand when the applicable law to the matrimonial property regime is from a third country, the land registry should not ask for requirements imposed by its own local substantive law, but it will might demand prove of the specificx content of the foreign applicable law.

On the other hand, the land registry will demand special requirements for registration imposed by the local registration rules even when those might not be applicable in that third country where the act had been performed. For instance, an authentic act is frequently imposed by land registry law in order to register any modification of the tile, even in the case the substantive law might not demand such a qualified formal document.


Would the Land Registry make changes in ownership’s entry on the bases of acts performed between the spouses or between members of a registered partnership?

 

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