BOE-A-2026-6849 ·24 March 2026 ·Resolution Low impact
Tax

Heirs: rectifying registered ownership requires a public deed or authentic document

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's negative assessment, which had denied the rectification of a property's ownership. The ruling emphasises that, pursuant to Article 3 of the Mortgage Law, any rectification of ownership must be recorded in a public deed, a judicial resolution, or an authentic document. In this instance, the dispute concerned the exclusion of a co-owner following a liquidation of matrimonial property, but the lack of adequate documentary support prevented direct registration.

In 2 key points

  1. Rectification of ownership must be recorded in a public deed, judicial resolution, or authentic document, Art. 3 Mortgage Law (art. 3 de la Ley Hipotecaria)
  2. The registrar may suspend the registration process if the document does not meet the legal requirements, Art. 322 Mortgage Law (art. 322 de la Ley Hipotecaria)

How it affects those involved

For heirs or owners seeking to correct errors in property registrations, the ruling confirms that mere allegations or formal requests are insufficient if they are not accompanied by the required enabling titles (Art. 3 Mortgage Law). Individuals must ensure that any change in ownership resulting from the liquidation of matrimonial property or the adjudication of an inheritance is duly formalised in a public deed to avoid the registrar suspending the registration.

Lifecycle

2026-03-24PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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