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The Directorate General for Legal Certainty and Public Faith has ruled that it is possible to register a single mortgage over an estate held in joint ownership without needing to determine the specific amount corresponding to each share (Art. 217 of the Mortgage Regulations). The ruling overturns the refusal by the Registrar of Oviedo No. 5, allowing the registration of the mortgage loan deed by interpreting the parties' intent through the hermeneutic rules of the Civil Code (Arts. 1281, 1283, and 1285).
For individuals acquiring property in joint ownership, this confirms the possibility of establishing a single mortgage over the entire property, avoiding the fragmentation of mortgage liability by shares (Art. 217 of the Mortgage Regulations). This simplifies mortgage loan management for co-owners, allowing the security to fall upon the estate as a whole rather than on individual shares.
The tax team reviews your specific situation.
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