Títulos inscribibles. «Negocios de familia» y Registro de la Propiedad

Abstract

Private agreements between spouses to settle the matrimonial economic regime, as available entitlement within the autonomy of the will, would be authentic deeds if they are joined to the regulatory agreement that is subsequently approved by the judge in the nullity, separation or divorce decree, without need of its authentication prior to its registration in the Property Registry. Agreements between spouses concerning the settlement of the matrimonial economic regime and certified by the judge by legal decision have also been considered authentic titles recently. These certified agreements are subsequent to the decree of nullity, separation or divorce, but if they are joined to this decree, and they have a family or matrimonial nature, they are considered to be part of the regulatory agreement, and therefore notarial deed is no longer a requirement for its registration. This tendency towards the requirement of judicial document (prove of legal decision or decree) as against the notarial one (notarial deed) for the registration of private family or matrimonial agreements in the Property Registry becomes more complicated if we take into account the great many legal devices over real property that can be included in the regulatory agreement regarding the settlement of the matrimonial economic agreement. This circumstance compels the Registrar, as part of their qualification effort, to carefully evaluate the adequacy of the judicial document which, it validity notwithstanding, sometimes needs to be authenticated.