A marriage contract can transfer property rights, but must be concluded personally and cannot erase earlier third-party rights.
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.
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.
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.
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This article is for general information only. It does not constitute or replace individual legal advice.