Example
What does it look like in practice?
A notarial deed for an apartment bought during marriage may name only one spouse as the buyer. This alone is not enough to conclude that the named spouse is the sole owner and may sell without further checks.
Property received by inheritance or donation may have a different regime.
What is it commonly confused with?
The name in the cadastre or an old property document does not solve the issue of marital property alone. The SIO is not a simple co-ownership with predetermined quotas for the duration of the community.
Nor should it be automatically assumed that any property bought during a marriage is joint - the exceptions and evidence are specific.
Why does it matter?
If not all owners are identified, the transaction may be contested or may not transfer all title. When only one spouse is named in the acquisition document, the applicable property regime must be checked and whether the participation of the other is necessary.
The check also matters when a buyer needs to establish whether they are acquiring the property individually or jointly with a spouse.
What to ask
What should you check next?
Establish the marital status at the time of acquisition, the applicable regime, the basis and any marriage contract. Compare the title deed with the records and request the documents that the notary and the independent lawyer deem necessary.
Do not draw conclusions solely from current marital status or from who lives in the property.