The Supreme Court clarifies when a married co-owner can purchase a share as separate property
25 Jul 20260 views
Who is affected:
Spouses in community of gains regime purchasing real estate as separate property and notaries/registrars
Summary
The DGSJFP resolves that purchasing an undivided share by a married co-owner in community of gains is insufficient to declare it separate property without documentary evidence or spousal consent.
Detailed analysis
PRO
The Dirección General de Seguridad Jurídica y Fe Pública resolves an appeal regarding the registry's refusal to register a purchase of an undivided third share as separate property. The buyer, already holding another third share as separate property, invoked analogy with the right of redemption of co-owners (art. 1522 …
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