15.04.2026

SALE OF PROPERTY ACQUIRED IN MARRIAGE

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Sellers and buyers are often confused by the procedure for selling joint property of spouses. What constitutes joint property acquired in marriage, how does the sale of property acquired in marriage proceed? You will find answers to these questions in the text below.

Joint property – real estate of spouses represents only the property that was acquired, purchased, or built during the period in which the individuals were in a marital or longer extramarital union. Property inherited by one of the spouses at the moment of living together with the partner does not constitute joint property, and when selling that property, the other partner does not give consent for the sale of that property.

The sale of property acquired in marriage, whether by purchase or construction, requires the permission of the other spouse for the sale of the mentioned property, which represents a written statement from the spouse agreeing to the sale of the joint property. The statement is signed and certified by the competent public notary in the territory where the property is located.

The buyer of the property does not need to fear purchasing properties where there is joint ownership, even if the seller’s partner is not present and has not signed a statement allowing the sale, as the notary – public notary will not certify such a Purchase Agreement.

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