The Directorate General for Legal Certainty and Public Faith is reviewing an appeal against a registrar's refusal to rectify a property's status from separate to community property. The appellant provided a Civil Registry certificate proving a marriage celebrated in Brazil in 1992, which was not recorded in the purchase deed where the owner declared herself divorced. The ruling addresses the declaratory nature of marriage registration and its retroactive effect to the date of the ceremony (Art. 61 Civil Code and Art. 70 Civil Registry Law).
For individuals married abroad whose marriage was not previously registered in Spain, the ruling emphasises that Civil Registry registration is declaratory and has retroactive effects to the date of the ceremony (Art. 61 Civil Code). This allows for claims regarding the community property status of assets acquired after marriage, even if a different marital status was declared in the purchase deed. The risk lies in the necessity of proving that all legal requirements have been met for the registration to be valid (Art. 65 Civil Code).
The tax team reviews your specific situation.