Registration of a change in the marital property regime is required in the following situations:
- Transitioning from one regime to another (e.g., from community property to separation of property).
- Entering into, modifying, or terminating a marriage contract.
- Pursuant to a court decision altering the property relations, such as in cases of divorce or other legal disputes.
It’s important to note that changes in the property regime are prospective and do not affect property rights acquired prior to the modification.
Procedure for Registering a Change in the Property Regime
To effectuate a change in the marital property regime, the following steps should be undertaken:
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Preparation of Necessary Documents:
- Notarized agreement or marriage contract reflecting the agreed-upon change.
- Court decision, if the change results from judicial proceedings.
- Application for registration, submitted by one or both spouses to the Registry Agency.
- Proof of payment of the state fee, the amount of which varies depending on the specific case.
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Submission to the Registry Agency:
The prepared documents must be submitted to the Registry of Marital Property Relations within the Registry Agency. Upon review and approval, the new property regime is recorded in the registry.
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Registration in the Property Register (if applicable):
If the change pertains to real estate, additional registration in the Property Register is necessary. This ensures public awareness and protects the rights of the spouses concerning third parties, such as creditors or potential buyers.
Legal Consequences of Changing the Property Regime
Altering the marital property regime does not retroactively affect rights acquired before the change. For instance, switching from a community property regime to a separation of property regime does not transform previously jointly owned assets into individually owned ones.
Given the legal complexities involved in modifying marital property relations, consulting with a family law attorney is advisable. Legal professionals can provide tailored guidance, ensure compliance with legal requirements, and facilitate a smooth transition to the new property regime.
