Matrimonial Property Regime meaning

In this issue: Transferring property Residential property Property management Statutory compliance Property development Environment, energy and buildings Property insolvency Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Transferring property HM Land Registry updates Practice Guide 26 HM Land Registry (HMLR) has revised Practice Guide 26 on lease determination. Section 4 has been updated to make clear that a deed of surrender must be executed by the tenant. See: LNB News 19/01/2026 23. Source: Leases: determination (PG26). HMLR updates portal design HMLR has confirmed that a refreshed portal will launch from 26 January 2026. The first changes introduce a redesigned portal homepage and View Applications screen, brought into line with the Digital Registration Service and LLC pages to enhance consistency across the platform. The eservices.landregistry.gov.uk address remains the same and...

What are the key changes being brought in by the CCC? The CCC brings together Argentina’s essential civil and commercial rules, replacing the separate codes that had operated for more than 150 years. It intends to reflect the jurisprudence of the Argentine Supreme Court and significant contemporary currents in comparative law. The code reduces the combined bulk of the two former codes to 2,671 articles—from over 4,500—while also embracing areas that neither predecessor addressed. It introduces substantial adjustments affecting civil society, with particular impact on family law, including: Same-sex marriage Concubine relationships Matrimonial property regime Adoption Filiation stemming from assisted human reproduction techniques This review centres on the principal changes the CCC makes to the rules that shape business activity and commercial relations in Argentina. Single shareholder corporation In company law, the CCC brings several changes to Argentine corporation law 19.550, among them doing away with the split between civil and commercial corporations. The principal innovation...

Interaction of matrimonial and other laws Marriage may alter the parties’ rights in one or more of the following respects in practice: Matrimonial contract and property regimes English law has long recognised that the law of the matrimonial domicile can import foreign notions of matrimonial contracts and property regimes. The extent to which any such regime governs only movables, or extends to immovables, remains uncertain at present. In June 2016, the EU brought in rules for recognising matrimonial regimes applicable to marriages and registered partnerships. Both mixed-sex and same-sex marriages and registered partnerships may fall within matrimonial property regimes as appropriate. Accordingly, recording a marriage or registered partnership can impact proprietary entitlements in practice. See Practice Note: Forced heirship and succession law — Matrimonial property regime for additional detail where relevant and necessary. Taxation Spouses and civil partners receive preferential tax treatment in many jurisdictions, including exemptions or reliefs on taxes on death or lifetime gifts, and also with respect to capital gains tax (CGT),...

Forced heirship Forced heirship describes a situation where the children or other close kin of someone who has died are entitled, as a matter of right, to part of that person’s patrimony (broadly, the estate after reinstating any gifts made during lifetime), regardless of the testator’s intentions. In England and most common law systems, constraints on testamentary freedom are minimal, whereas civil law systems (rooted in Roman law) oblige testators to provide for their nearest family. In certain countries (eg France), forced heirship applies mandatorily so that a portion of the estate is automatically earmarked for the relevant forced heirs, while in others (eg Germany, Italy and Switzerland) those heirs instead hold a claim against the will’s beneficiaries. The succession law that governs a death will be identified differently from one jurisdiction to another, depending on the connecting factor recognised and applied in that forum. The connecting factor that prevails is determined by that jurisdiction’s conflict of laws, or private international law, rules. For guidance on English private international...

Practice Note: Pension sharing orders on divorce in Scotland (defined benefit schemes) This Practice Note offers a concise overview of how pension sharing orders on divorce in Scotland apply to defined benefit pension schemes. It is not designed to address every detail of the pension sharing framework. Key legislation and regulations Family Law (Scotland) Act 1985 (FL(S)A 1985) Part IV of the Welfare Reform and Pensions Act 1999 (WRPA 1999) Pensions on Divorce etc (Pension Sharing) (Scotland) Regulations 2000, SI 2000/1051 There are also other pertinent regulations, some of which are mentioned within this Practice Note. Following the divorce of a marriage or the dissolution of a civil partnership, a pension may constitute part of the matrimonial property. The court may order a redistribution of the pension between the spouses or civil partners, or the parties may reach an agreement between themselves on how the pension should be divided...