Property Registry

The DGSJFP has confirmed that the purchase of a property by a French citizen married under the separation of property regime in France cannot be registered in the Property Registry if the appropriate documentation is not provided. In this case, the buyer only provided the Spanish notary with photocopies of the marriage settlements made in France (establishing the separation of property) and part of the family book, which were neither officially translated nor apostilled, causing both the notary and the registrar to distrust their authenticity. The main issue was

whether it was sufficient with these copies and with the husband's confession (accepting that the purchase is "private" to his wife) to register the property solely in her name, but the General Directorate clarifies that it is not enough. Spanish mortgage regulations require an authentic public document to prove the matrimonial property regime and, if applicable, the civil registry or a marriage certificate issued by the foreign authority, not mere statements or photocopies. Furthermore, under French law, the choice of regime is made before a notary and must be reflected in the marriage certificate. Spanish registration requires all this to be

properly evidenced, translated and if necessary legalized, to prevent possible issues or fraud. Therefore, until the genuine and official documents are submitted, the sale cannot be registered as private, even if both spouses agree. If you are in a similar situation, our professionals can advise you on defending your rights legalized, to avoid possible issues or frauds. Therefore, until the authentic and official documents are provided, registration will not be possible the sale as private, even if both spouses agree.

If you are in a similar situation, our professionals can advise you on the defense of your rights