The Directorate General for Legal Certainty and Public Faith confirms that, to register a deed for the division of matrimonial property, it is mandatory to provide a certified copy of the final divorce judgement and the duly authenticated settlement agreement (Art. 18 Mortgage Law). A notary's mention in the deed is insufficient; judicial documentation with official stamps and signatures is required to ensure the authenticity of the act (legal grounds). Furthermore, the registration of said judgement in the Civil Registry must be proven to ensure enforceability against third parties (facts II).
For individuals processing the division of matrimonial property following a divorce, this ruling imposes the burden of providing not only the notarial deed but also the full certified copy of the court judgement and the settlement agreement in compliance with legal formalities (facts II). For professionals (notaries and lawyers), it emphasises the need to ensure that the judicial documentation submitted to the Land Registry meets the requirements for authenticity and registration in the Civil Registry to avoid suspensions during the registration assessment process (legal grounds).
The tax team reviews your specific situation.