It is not uncommon for spouses to build a house together, but the building permit is written in the husband’s name only. This is then reflected in the title deed, where only the husband is registered, even though the house belongs to both spouses. How to add the wife to the title deed?
According to the Cadastral Bulletin, a spouse can be added to the cadastre if both spouses deliver to the cadastre 1. an application for registration, 2. a marriage certificate and 3. an affidavit of both spouses that they acquired (built) the building during the marriage and it belongs to their community of property of the spouses.
The signatures of both spouses on the affidavit do not have to be officially certified. The Bulletin also states
that if one spouse fails to sign such an affidavit, the parties should be referred to the court. The court will then decide whether or not the property belongs to the community of property.
This procedure does not apply if:
- the house was built before the marriage or after the dissolution of the marriage,
- the court dissolved the community of spouses,
- the spouses themselves have narrowed the scope of co-ownership so that the house is not included.
