Why must the non-owner spouse sign the deed of sale? | ScriptaLegal
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Frequently asked questions > Real estate > At the signing of the deed of sale > Why the spouse who is not the owner and who is married under the regime of community of property and without a marriage contract, must intervene and sign the deed of sale?

Why the spouse who is not the owner and who is married under the regime of community of property and without a marriage contract, must intervene and sign the deed of sale?

When the seller and his non-owner spouse are married under the regime of community of property, that is to say before July 1st, 1970 and without a marriage contract, the non-owner spouse enjoys an undivided right of ownership in the real estate property. The matrimonial regime of community of property also provides for the existence of various categories of property:

  • the community property,
  • the reserved property,
  • the private property.

The intervention of the non-owner spouse assures the new purchaser that all the rights which the latter holds or could hold will be transferred to him by reason of this intervention.

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