The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a deed for the liquidation of a community of property. The dispute arose because the Registrar required the consent of the deceased's second wife (a forced heir) to register the adjudication of a life usufruct to the first wife (under Article 18 of the Mortgage Law). The ruling examines whether the existence of a post-community property regime, of which the widow is a member, necessitates her intervention in the liquidation of the previous marriage.
For heirs and former spouses involved in the liquidation of community property, this ruling clarifies the limits of third-party forced heirs' intervention. In this specific case, it debates whether the widow of a second marriage must consent to the liquidation of the community property from a first marriage when usufruct rights are adjudicated (Article 18 of the Mortgage Law). The risk for interested parties is the suspension of land registry entry if the participation of all forced heirs affected by the post-community property regime is not proven.
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