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The Directorate General for Legal Certainty and Public Faith recognises that the right to use the habitual residence granted to a spouse in a divorce decree is a registrable right with real effects (Resolution of 21 October 2025). Although it lacks a patrimonial nature and is configured as a family right, its registration is necessary to protect the beneficiary against unilateral acts of disposal by the owner (Art. 38 Mortgage Law). However, for registration to take place, the judicial resolution must be final (Art. 524.4 LEC).
For individuals in divorce proceedings, the ruling guarantees that the right to use the property can be recorded in the Land Registry, providing legal certainty against third parties and preventing the owner from selling the property without considering said right. For registrars, it establishes that these family rights, although non-patrimonial, must comply with mortgage principles. The finality of the judgment is required as an essential condition to avoid a mere preventive annotation (Art. 524.4 LEC).
The tax team reviews your specific situation.
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