An entry in the matrimonial property register primarily creates legal certainty vis-à-vis creditors and business partners by making the agreed matrimonial property regime publicly verifiable.
For the actual valuation of the property, the marriage contract itself is decisive, not the register entry – the latter merely serves as proof towards third parties.
Before commissioning an appraisal report, it should therefore first be legally clarified which marital property regime applies and whether a claim for equalization of accrued gains for the property is even conceivable.
Consulting the Matrimonial Property Register is particularly worthwhile when there is uncertainty as to whether and when a specific marriage contract was actually validly concluded and registered.
If a register entry is missing, this does not necessarily mean that no marriage contract exists – the decisive factor always remains the actually signed notarial document itself.
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