AKMV Sale of real estate between spouses
QUESTION
Can my husband sell me his half of the house by a purchase contract so that the whole house becomes solely mine? Half of the house is already mine, and he would sell me his half. Before that, we would sign an agreement with a notary stating that this half does not enter into the joint marital property (BSM).
ANSWER:
If the husband owns half of the property in his exclusive ownership (1/2), meaning it is not part of the joint marital property (BSM), it is possible to transfer that half to you. However, as you mentioned, it is necessary to either draw up a notarial deed on narrowing BSM, which declares that the transferred half will not belong to the BSM, or the second option is that in the purchase contract itself you declare that you are buying this share from your exclusive funds. However, in practice, we have encountered cases where the Land Registry Department interrupted the ownership registration procedure and required the notarial deed on narrowing BSM and did not accept the declaration.
JUDr. Veronika Michalíková, MBA