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The Directorate General for Legal Certainty and Public Faith has ruled on whether the transfer of a property contained in a judicially approved regulatory agreement within child custody and maintenance proceedings for a minor child born out of wedlock can be registered. The resolution examines whether property transfers arising from these types of agreements, which are not strictly related to divorce or legal separation, meet the legal requirements for registration in the Land Registry.
For individuals undergoing de facto separation or the breakdown of civil partnerships with minor children, this confirms the possibility of using custody and maintenance regulatory agreements to transfer real estate with registration effects. This provides legal certainty for property transfers made in court outside the frameworks of marriage or formally registered civil partnerships, provided the agreement is approved by a court.
The tax team reviews your specific situation.
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