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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's negative assessment regarding the registration of a deed determining the separate and community property status of a family home. The process involves updating cadastral references and assigning a unique registry code to the property (Art. 9 of the Mortgage Law). The ruling addresses the division of ownership percentages between spouses and the community property regime following a divorce.
For individuals involved in divorce proceedings, the ruling confirms the feasibility of registering the determination of ownership percentages (separate vs. community property) in the Land Registry, integrating cadastral information and the unique registry code. The procedure ensures the correct reflection of undivided ownership and the tax implications of the property (Art. 19 bis of the Mortgage Law).
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