The Directorate General for Legal Certainty and Public Faith has upheld the refusal by the Registrar of Roses No. 1 to register a deed of inheritance. The ruling establishes that assets acquired during marriage are presumed to be community property unless proven otherwise (Art. 232-3 of the Civil Code of Catalonia and Art. 1361 of the Civil Code). A mere declaration of being subject to a regime of separation of assets within a deed is insufficient to rebut this presumption if no matrimonial property agreements or reliable title exist to prove it (Legal Grounds 1).
For individuals and heirs, the ruling reinforces the necessity of proving any separation of assets regime through reliable documentation (matrimonial property agreements) to prevent assets from being classified as community property. In inheritance proceedings, this implies that the liquidation of the matrimonial partnership must mandatorily take place prior to the partition of the estate to correctly determine the net estate (Art. 232-49 et seq. of the Civil Code of Catalonia).
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