Spouses: public documentary evidence required to register separate property in the Land Registry

In 3 key points

1. I
   The registration of separate property requires justifying the separate nature of the purchase price through public documentary evidence (Art. 95.2 of the Mortgage Regulations). (art. 95.2 Reglamento Hipotecario)
2. II
   Mere confession by the spouse is insufficient for registration without mentioning such circumstances to protect third parties (Art. 1324 of the Civil Code). (art. 1324 Código Civil)
3. III
   To register based on party autonomy, there must be an attribution transaction that is autonomous and distinct from the acquisition transaction. (fundamentos de derecho)

How it affects those involved

For spouses under the community property regime, it is not enough to agree on the separate nature of an asset in the purchase deed if documentation proving the origin of the funds is not provided (Art. 95.2 of the Mortgage Regulations). The risk is a negative assessment by the Registrar, which will force the asset to be registered as community property or require a separate legal attribution transaction with its own cause to protect third parties. Notaries must warn that a simple mention of the source of funds does not constitute sufficient public documentary evidence.

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