Summary

Property relations between spouses may be determined by both the law and a marital property contract concluded by the spouses. Agreements contained in marital property contracts that are not fully in accordance with legal regulations are not apparent to a third party, and this may result in unexpected and undesirable consequences in transactions with one of the spouses. The Marital Property Register has been implemented to avoid such surprises, or at least to reduce the risk.

The article explains the regulation of the property relations of spouses in Estonian and German law, the possibilities to share joint property, the tasks of the Marital Property Register and the effect of register entries. There is separate treatment of the topic of entry procedures for the Marital Property Register, explaining the principle of entry according to place of residence and according to location, requirements for the documents that are the basis for an entry, and details of the substance of the entry and the state fee. The core of the article is the issue as to whether it is possible that a property relationship for the spouses that differs from the norm can be entered into the Land Register without a respective entry being made in the Marital Property Register.