Council Decision 2016/954 lists the 18 states in the enhanced cooperation on matrimonial property. Romanian notaries apply Civil Code Articles 2589 to 2596 instead.
Under the Romanian legal community, selling or mortgaging common real estate needs both spouses. Either spouse can buy alone, but the property becomes common (Art. 345).
Neither spouse may dispose of rights over the family home without the other's written consent, even as sole owner. The rule follows the law of where the home is (Art. 2589(3)).
Married buyers in Romania: the short answer
When a married person buys property in Romania, the notary will ask two questions: are you married, and under which matrimonial property regime? The answer decides whether the property is yours alone or belongs to both of you, and who must sign when you later sell or mortgage it.
Romania is not one of the EU states that apply Regulation 2016/1103 on matrimonial property regimes. Council Decision 2016/954 lists the 18 participating states, and Romania is not among them. A Romanian notary therefore applies the private international law rules of the Romanian Civil Code (Articles 2589 to 2596): first the law the spouses chose, and failing a choice, the law of their common habitual residence, then their common nationality, then the place where they married.
In plain words: for a couple who live together abroad and never chose a law, the law of the country they live in usually decides what belongs to whom. The name on the land register is only part of the story.
Selling or mortgaging property that belongs to both spouses requires both of them. For the family home, the spouse's written consent is needed even if only one of you owns it.
Which law applies: the Romanian rules
| Step | Rule | Civil Code |
|---|---|---|
| 1. A choice of law | The spouses may choose the law of the habitual residence of one of them, the nationality of one of them, or their first common habitual residence after the wedding | Art. 2590 |
| 2. No choice | The regime follows the law of the general effects of marriage | Art. 2592 |
| 3. That law | The common habitual residence; failing that, the common nationality; failing that, the place of the wedding | Art. 2589(1) |
| 4. Moving | If both spouses change their habitual residence, the new common law applies to the regime for the future only, unless agreed otherwise | Art. 2596(2) |
| 5. A chosen law stays | If you chose a law, it stays even if you move | Art. 2596(3) |
A choice-of-law agreement can be made before, at or during the marriage. It must be express, in a document signed and dated by both spouses (Article 2591). The chosen law then governs what each spouse owns, the rights over property, debts, and how the regime ends and is divided (Article 2593).
Where Regulation 2016/1103 still matters. It applies in the 18 participating states, such as Germany, France or Italy. If you also own property or face proceedings there, their courts apply the regulation, whose chosen law covers all your assets wherever they are (Articles 20 and 21). That is a reason to align a choice of law across countries with a lawyer.
For couples whose regime is governed by Israeli law, and how a Romanian property is divided in a divorce, see our article on property in Romania in a divorce.
The three Romanian regimes
If Romanian law applies to your marriage, for example because you live in Romania, the Civil Code offers three regimes (Article 312):
| Regime | What belongs to whom | Selling or mortgaging |
|---|---|---|
| Legal community (comunitatea legală), the default | Property acquired by either spouse during the marriage is common, in joint ownership without shares (Art. 339). Inheritance, gifts and some other items remain personal (Art. 340) | Common real estate: both spouses (Art. 346(1)) |
| Separation of property (separația de bunuri) | Each spouse owns what they acquire in their own name. Property bought together is co-owned in shares (Art. 360, 362) | The registered owners. Each co-owner must sign for the whole |
| Conventional community (comunitatea convențională) | The legal community, adjusted by agreement: widened, narrowed, or with extra consent rules (Art. 366–367) | As the agreement provides, within the law |
Any regime other than the legal community requires a matrimonial agreement (convenție matrimonială), signed before a Romanian notary, before or during the marriage (Articles 329 and 330). To bind third parties it is entered in the National Notarial Register of Matrimonial Regimes and noted in the land register for real estate (Article 334). If these formalities are missing, third parties acting in good faith may treat you as married under the legal community (Article 313(3)).
For a couple who live together abroad and never chose a law, the law of the country they live in usually decides what belongs to whom.
Does your spouse have to sign?
| Situation | Romanian rule | Note |
|---|---|---|
| Buying, under the legal community | Either spouse can conclude acts of acquiring common property alone (Art. 345(2)) | The property still becomes common |
| Selling or mortgaging common real estate | Both spouses must agree (Art. 346(1)) | This is the rule that blocks sales when one spouse is unreachable |
| Selling or mortgaging your own personal property | You alone (Art. 342) | Unless it is the family home |
| The family home, even if owned by one spouse | The other spouse's written consent (Art. 322(1)) | A court can authorise the act if consent is refused without a legitimate reason (Art. 322(3)) |
| A spouse cannot attend | A spouse may give the other a mandate (Art. 314) | In practice, a notarial power of attorney |
The family home rule has its own reach. Under Article 2589(3), the spouses' rights over the family home are governed by the law of the place where the home is located. The family home is the spouses' common home (Article 321). If that home is in Romania, Article 322 applies whatever law governs the rest of your regime. A villa in Romania that a couple living abroad uses for holidays is usually not their family home, but this is a question for your lawyer, not an assumption.
Either spouse can also ask for the family home to be noted in the land register, even if they are not the owner (Article 321(2)). Without that notation, a spouse who did not consent can usually claim only damages, not annulment, unless the buyer knew (Article 322(5)).
If you cannot travel, see our guide to a power of attorney in Romania.
Registering both names: what it changes
On the land register, a married couple can appear in several ways: one spouse alone, both as joint owners under the community (devălmășie), or both in defined shares. We compared the options in our article on whose name to register a villa in.
Three points to keep in mind:
- Registration and regime are not the same thing. The regime decides ownership between you. Under Article 344, either spouse can ask for the land register to mention that a property belongs to the community.
- Third parties rely on the register. Under Article 2595, the effects of the regime on third parties follow the law governing the regime, but there are exceptions, including where the land register rules of the state where the property is located were followed. A register that matches your real arrangement protects everyone.
- Every registered owner signs. Whatever your regime, anyone registered as an owner will have to sign a sale or a mortgage.
Checklist before the notary
- Know your regime. Did you sign a prenuptial agreement or choose a law? Where was your first and your current common residence?
- Bring the documents. A marriage certificate, and any matrimonial or choice-of-law agreement, with an apostille and a certified translation into Romanian.
- Decide the registration. One name, joint, or shares, consistent with your regime and with who paid.
- Ask the notary in advance whether the spouse who is not buying must sign a declaration or consent, and in what form.
- Ask the bank whether the spouse must be a co-borrower or sign the mortgage. A Romanian bank can finance foreign buyers up to 70% of the price, with equity of at least 30%.
- Think ahead to divorce and inheritance. Our article on inheritance of property in Romania covers the second.
- Hire an independent lawyer. The developer's lawyer represents the developer only.
Frequently asked questions
Does Regulation 2016/1103 apply in Romania?
No. Romania is not among the 18 member states authorised by Council Decision 2016/954 to apply it. Romanian notaries and courts apply Articles 2589 to 2596 of the Romanian Civil Code.
Which law applies to our villa if we live abroad and never chose a law?
Under Articles 2592 and 2589(1) of the Romanian Civil Code, the law of your common habitual residence, then your common nationality, then the place of marriage. For a couple living together abroad, that is usually the law of the country where you live.
Can I buy property in Romania without my spouse?
Under the Romanian legal community, either spouse can buy alone (Article 345(2)), but the property becomes common. Under a foreign regime, the answer depends on that law. Ask the notary in advance which declarations they need.
Does my spouse have to sign when we sell?
If the property is common, yes (Article 346(1)). If it is the family home, the spouse's written consent is needed even if you are the sole owner (Article 322). Anyone registered as an owner must sign.
Can we choose Romanian law for our property?
Yes, if one of you is a Romanian national or habitually resident in Romania, or Romania is your first common residence after the marriage (Article 2590). The agreement must be express, in writing, signed and dated by both of you.
The bottom line
In Romania, a married buyer's property is decided by two things: the law governing your matrimonial regime, which for couples living abroad is usually the law of the country where you live, and the land register. Align the two before you sign, and make sure your spouse is ready to sign whenever the law requires it.
If you are buying as a couple, with us or anywhere else, book a half-hour call with me. We will go through your situation and the questions to put to the notary and to your independent lawyer.
Moti Azulay, Compass Group Romania
Sources: Romanian Civil Code, consolidated (legislatie.just.ro), Articles 312–367 and 2589–2596 · Council Regulation (EU) 2016/1103 (EUR-Lex), recital 11 and Articles 20–28, 69 and 70 · Council Decision (EU) 2016/954 (EUR-Lex), Article 1
This article is general information only and is not legal, tax or financial advice. The rules are current as of 22 October 2026. Matrimonial property rules depend on your nationality, residence and agreements: check your case with an independent lawyer before you sign.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
