Land registry and family home protective rules

According to Family Law a spouse may dispose of or undertake to dispose of a dwelling which is the spouse’s separate property and is used as a housing of the family or used separately by the spouse who is not the owner and grant the use thereof to a third party or terminate the legal relationship on which the use thereof is based only with the consent of the other spouse.

Practical case

Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.

Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.

Would this contract be registered, assuming all the formal requirements are accomplished?

This contract would not be registered. It is a family house the consent of the other spouse is required.

Is there any restriction imposed by a mandatory provision protecting the family home in your national law?

According to Family Law a spouse may dispose of or undertake to dispose of a dwelling which is the spouse’s separate property and is used as a housing of the family or used separately by the spouse who is not the owner and grant the use thereof to a third party or terminate the legal relationship on which the use thereof is based only with the consent of the other spouse.

In case of an affirmative answer, does the Land Registry check if the seller complies with that provision?

Yes, the Land Registry demands the consent of the other spouse.

Is there any other restriction or mandatory provision in the field of family law related to immovable property that should be taken into account?

Spouses may prescribe by a marital property contract that the restrictions on disposal provided for family house shall not apply to the property which is separate property of a spouse.

Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?

Under Estonian law cohabitation cannot be registered and there is also no other special regulation foreseen for nonmarital cohabitation.