BOE-A-2026-16221 ·25 July 2026 ·Resolution Low impact
Administrative

Directorate General for Legal Certainty sets requirements for registering separate property under community property regimes

The resolution examines a registrar's refusal to register a sale and purchase as the separate property of a spouse married under the community property regime. The Directorate General determines that for an acquisition to be considered separate property, mere analogy with the right of co-owners to redeem is insufficient; instead, documentary evidence of the consideration, a declaration of separate property status, and the spouse's ratification to provide consent are required (Art. 18 Mortgage Law; Art. 95.2 Mortgage Regulations).

In 2 key points

  1. Requirement of public documentary evidence to justify separate property consideration (Art. 95.2 Mortgage Regulations). (art. 95.2 RH)
  2. Necessity of a declaration of separate property status and a legal act to attribute such status (Art. 1324 Civil Code). (art. 1324 CC)

How it affects those involved

For individuals married under the community property regime, the resolution reinforces the need to provide public documentary evidence justifying that the funds used for the purchase are separate property (Art. 95.2 Mortgage Regulations). Notaries must ensure a declaration of separate property status and, in cases of doubt or lack of evidence, obtain the spouse's ratification to avoid the suspension of registration due to remediable defects.

Lifecycle

2026-07-25PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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