The Directorate General for Legal Certainty and Public Faith has analysed the validity of registering a sale declared as private property. The Registrar suspended the registration on the grounds that the link between the private funds and the purchase price had not been reliably proven, in accordance with Article 95.2 of the Mortgage Regulations. For private ownership to be admitted, there must be indubitable proof of the origin of the funds or, alternatively, a confession by the spouse in a public deed (Art. 95.4 Mortgage Regulations).
For individuals acquiring assets as private property while married under the community property regime, merely stating the source of funds in the deed does not guarantee registration if an indubitable causal link between the money and the payment is not demonstrated (Art. 95.2 Mortgage Regulations). Buyers must provide documentary evidence linking the specific bank transaction to the payment cheque to avoid suspension of the registration. Alternatively, the spouse's confession or an agreement attributing private ownership must be formalised via a public deed (Art. 95.4 Mortgage Regulations).
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