BOE-A-2026-16128 ·24 July 2026 ·Resolution not-relevant
Administrative

Deeds of sale for community property: non-appearing spouse's address is not mandatory

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of a land registry entry. The registrar had previously refused to register a sale made on behalf of a community property regime because the address of the non-appearing spouse was not provided (Art. 51.9.a of the Mortgage Regulations). The resolution examines the application of the presumption of cohabitation between spouses established in the Civil Code (Art. 69).

In 2 key points

  1. Presumption of common domicile for spouses under the Civil Code (Art. 69). (art. 69 del Código Civil)
  2. Requirement of the non-appearing spouse's address in community property deeds (Art. 51.9.a of the Mortgage Regulations). (art. 51.9.a del Reglamento Hipotecario)

How it affects those involved

For notaries, the ruling reinforces the validity of deeds where only the buyer's address is listed, allowing for the application of the presumption of a common domicile for spouses (Art. 69 of the Civil Code). For registrars, it limits the ability to suspend entries due to the lack of address details for a non-appearing spouse in community property regimes, provided the legal presumption of cohabitation is met.

Lifecycle

2026-07-24PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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