Land registry and family home protective rules

Land Registry and the family home protective rules

In case of divorce/separation, to protect children and not to further upset their life, the Court may assign the house to the spouse to whom the children have been assigned: the owner retains the property of the immovable, but not its possession.

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.

This contract will surely be registered, assuming all the formal requirements are accomplished, because, in this case, there isn’t any restriction imposed by a mandatory provision protecting the family.