← Back 📞 089 559 88 77
Home/Articles/ Real estate
Real estate

Transferring a Bulgarian home through a marriage contract

A marriage contract can transfer property rights, but must be concluded personally and cannot erase earlier third-party rights.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • Precise contractual terms can transfer property rights.
  • The parties must conclude it personally.
  • Earlier third-party rights are not erased.

A Bulgarian marriage contract can regulate rights over an identified home and transfer property rights. A general statement that “everything is shared” is insufficient: premarital property cannot simply be declared statutory marital community property. Identify existing title and the intended result precisely.

Personal conclusion and the competent notary

Article 39 of the Family Code requires the parties to conclude the contract personally, in writing, with notarised content and signatures. A transfer of real estate requires a notary with the necessary territorial competence. A general property power of attorney does not replace personal conclusion of the marriage contract.

Distinguish the relevant dates. A premarital agreement takes effect when the marriage is concluded; an agreement made during marriage follows Article 40. Registration of the property transfer and registration of the matrimonial regime are different matters.

Earlier third-party rights still matter

The agreement cannot prejudice rights acquired by third parties beforehand. An existing mortgage remains relevant, and an internal allocation of loan payments does not automatically release a borrower against the bank. Do not use a disposition taking effect on death as a substitute for a will: the statutory prohibition has a limited exception concerning shares when an agreed community ends.

Practical guidance

What to do, step by step

01 / 03

Describe existing title

Start with the acquisition deed.

  • Check when and how the home was acquired.
  • Identify mortgages and other rights.
02 / 03

Specify the intended result

Address shares and management expressly.

  • Separate a transfer from rules for future acquisitions.
  • Coordinate any bank obligations separately.
03 / 03

Arrange certification

Plan personal attendance.

  • Identify a territorially competent notary.
  • Follow up both property registration and regime registration.

Discuss this legal issue with our firm

Discuss your circumstances with a lawyer. Leave a phone number or email, or call us directly.

This article is for general information only. It does not constitute or replace individual legal advice.