Removing name / owner from Bulgarian title deeds.
Obtaining replacement deeds
Title deed in Continental Europe and those in the UK, differ just like the right and left hand side drive. Bulgarian Title deeds with their specific form physically serve as a written, witnessed and registered proof for the deal performed something like having a proof of posting, not the letter itself.
The reasons to require removal of the name of co-owner from a Title Deed related to Bulgaria property are different. For example, if you have a court decision in your favour (decree absolute*), showing that you are entitled to get possession and full ownership of the Bulgarian real estate after divorce settlement, still does not mean that local authorities will automatically recognise it. Or a situation where you wish to transfer your 50% ownership to your business partner. Another example – you may wish to remove names from deed because are not legally allowed either to rent the whole apartment out without the consent of the other co-owner, (because you do not own the whole apartment, but only ideal part of it), either to claim loses from the other co-owner stopping third parties to enter and use the apartment.
“Removing name” from Title Deed for Bulgarian real estate does not mean only erasing a name and letting the official authorities know this, but actual performance of transfer of property shares (usually of an apartment) from one person to another, expressed with signing of new Title Deed; In simple words, you do not just remove a person from a Title Deed, but you actually sever the joint tenancy and acquire their legal shares of title (usually 50% ideal share) on the property. This removal of names on Bulgarian title deed - acquiring of shares or settlement on Bulgarian assets after divorce has to be done in the proper legal way – documents about the apartment at the local Bulgarian Institutions have to be obtained; signing of new Title Deed on behalf of the parties involved has to be done, together with registration/deregistration at the Tax Authorities, etc.
- We are capable to perform for you and the opposite procedure – namely adding names on Title deed for Bulgarian real estate. Adding an owner in a Bulgarian Title Deed represents a mirror procedure of the above and most above detailed activities to be done on the matter, apply here as well.
- If you only need a replacement deed (just because you have lost the original, or never received the original) we can also help you – namely to obtain new original, to translate it in your spoken language and post it to you. *In addition we can advise you on its terms and conditions, check the legal status of your Bulgarian real estate etc.
In all circumstances our main target is to make proper transfer of ownership in the (cheapest way for you), so it could not be questioned on a later stage by any party. We are capable to perform the whole procedure of changing ownership on Bulgarian Title Deed on behalf of both parties, without any need for them to visit Bulgaria at all. Either if the case is a divorce decision, or just settlement of partner’s relations. Contact us on firstname.lastname@example.org or call us on 00359 52 655667 for more information and quotation.
*Since most cases represent divorce settlement, it should be known that according to the Bulgarian legislation each property bought after the marriage by one of the spouses becomes part of the so called “family property commonwealth” which in basic terms means that it cannot be determined who of the husbands owns how much of the common property ,because in practice there are no shares – you both own the whole property by the power of the marriage ( the legal theory says that since one of the husbands has devoted his efforts to the family matters , then if the other acquires any kind of the property they both becomes owners no matter who is present in the title deed ) .The same rules apply if both names appear in the title deed as owners and the property is was bought after the marriage ). The only one who can transform the family property commonwealth into separate ownership rights and thus determine the shares of the ex-husband/wife is the court with its decision for divorce ( the reason is that during the court stage the spouses may agree to share everything evenly ,but they may also claim higher share in the family commonwealth).This is why, before the court decision is issued, neither of the two spouses can sell/donate without the consent of the other spouse – in this sense the property is inseparable for the duration of the marriage).