4. Land Registry and family home protective rules

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Overview:

For a third party who checks the land registry it is essential to know to what extend he /she can rely on the exactness and completeness of the land registry information, or failing that, to know if there are restrictions which are imposed directly by mandatory provisions of the law which prevails upon the land registry publicity.

If from the land registration perspective, the matrimonial property rules operate as a restriction in the powers of the registered proprietor imposed by family law, in this section we explore any other restrictions derived from law, in particular from family law, which might affect the registered title.

It is very common to find in most legal systems in Europe rules protecting the home where the family actually live. According to those rules, even when ownership of the family house is vested only in one of the members of the couple, the consent of the other is needed to validly dispose of any right on it.

According to the EU matrimonial property regime regulation 1103/2016, rules protecting family home are not covered by the applicable law of the matrimonial property regime (recital 53), hence each member state shall apply their own protective rules of the family home, due to its imperative nature.

This section will try to present how this special regime interacts with the land registry, whether the quality of family home is presented in the land registry information or not , and in case is not, to what extend those rules protecting the family home or any other restrictions derived from family law shall be applied to a third party in good faith who had trusted the land registry.


Land Registry and the family home protective rules

Other Overriding mandatory provisions in family law