Registering property in Romania: whose name, and why

Whose name to register a property in Romania in: the short answer

In Romania you can register a property in the name of one spouse, in both your names in defined shares (cote-părți), as spouses' joint property (devălmășie), or in the children's names. For an Israeli couple, the law that decides what really belongs to whom is usually the law of the spouses' property regime, most often Israeli law, and not only the name on the extract. Everyone registered as an owner will have to sign a sale or a mortgage, and a property in a minor's name is all but locked until they grow up.

This question comes up in almost every transaction we handle, usually in the week before the notary. I recommend raising it much earlier, because the answer affects the mortgage, tax, inheritance and sometimes the relationship too.

The four options, side by side

Option	What is registered	What you need to know
One spouse	Sole owner on the extract	The extract does not always tell the whole story: the property regime may make the property joint
Both of you in shares (cote-părți)	Each owns a share, for example 50/50	Unless stated otherwise, the shares are presumed equal
Both of you as spouses' joint property (devălmășie)	Joint ownership with no defined shares	The split is set only when the regime ends, for example on divorce
The children	The children as owners	A minor: sale and mortgage require court approval

The extract is not the whole picture: the spouses' property regime

This is where the big difference lies between what you see on the extract and what actually decides.

Romania takes part in EU Regulation 2016/1103 on matrimonial property regimes. The regulation applies to those who married, or chose a law, on or after 29 January 2019. If you did not choose a law, under Article 26 the law of your first common habitual residence after the marriage applies, even if that is a country outside the EU. For a couple who married and live in Israel, that is usually Israeli law.

For couples who married before 2019, the Romanian Civil Code (Articles 2589 and 2590) refers to the law chosen by the spouses and, failing a choice, to the law of their common habitual residence. Here too, for a couple living in Israel, the route usually leads to Israeli law.

And Israeli law, the Spouses (Property Relations) Law (in Hebrew), applies to those married from 1.1.1974. During the marriage each spouse holds their own property, and when the marriage ends there is a balancing of resources: each is entitled to half the value of the joint assets. In other words, a villa bought with joint money and registered in only one of your names may still be included in the balancing. We set out this scenario in our article on property in Romania in a divorce.

Joint registration in Romania: what it means day to day

If you chose joint registration in shares, these are the rules worth knowing from the Romanian Civil Code:

The shares are equal unless otherwise stated (Article 634). Paid 70/30? Write it on the extract.
A sale or mortgage requires everyone (Article 641). One co-owner cannot sell the house alone.
Any co-owner can ask for partition at any time (Article 669), unless partition has been suspended by law, agreement or court decision.

And spouses under the Romanian community regime? Under Article 346, selling or charging a joint asset requires the consent of both.

The mortgage: whoever is registered signs

If you finance the purchase with a Romanian mortgage, the charge is registered on the property. In practice, everyone registered as an owner must sign the mortgage contract, and banks assess the income of whoever borrows. When the property is in one name and the income belongs to the other, expect questions and requirements from the bank.

Ask the bank who needs to be the borrower and who grants the mortgage, before you decide whose name to register in. We wrote about mortgage terms for non-residents in a separate guide.

There is no registration that is "right" for everyone. There is a registration that fits the source of the money, the financing and the family's plan, and it is worth choosing it before the notary, not after.

Registering in the children's names: sounds clever, sometimes is not

A minor child. You can buy a property in a minor's name, and the parents sign on their behalf. But under Article 144 of the Civil Code, selling or mortgaging a minor's property requires prior approval from the guardianship court, given only if the act meets a need of the minor or is clearly to their benefit. According to an analysis by law-partners, the application must also include a valuation, a draft contract and a bank account in the minor's name for the sale proceeds. In other words, if you want to sell in five years, you will need to convince a judge.

An adult child. The property is theirs in every sense: they decide whether to sell, they can mortgage it, and the property is exposed to their creditors. On the other hand, a property a child received as a gift from their parents is, as a rule in Romania, their own separate property and not joint property with their spouse, unless otherwise provided.

And if you register it in your names and transfer it later? That is a legitimate option, with tax consequences in both countries. We set them out in our guide to gifting to your children.

Inheritance: what registration changes

Joint registration does not replace a will. When one owner dies, their share passes through a succession procedure before a Romanian notary, and the applicable law is determined by the EU Succession Regulation. Joint registration does make day-to-day life easier: the surviving spouse already owns their share, and does not need to wait for the end of the procedure to manage it. See our guide to inheriting a property in Romania.

Five questions to help you decide

Where did the money come from? Joint money, an inheritance of one of you, or a gift from parents?
Who will apply for the mortgage? And who needs to be registered for the bank to approve?
Do you have a prenuptial agreement? And if so, does it address assets abroad?
What is the long-term plan? Living there, selling in a few years, or a property that passes to the children?
What happens if one of you dies? Is there a will that mentions the Romanian property?

Frequently asked questions

Can a property in Romania be registered in the name of one spouse only?

Yes. But for an Israeli couple, what belongs to whom is also determined by the property regime, usually Israeli law. If the property was bought with joint money, it may be included in the balancing of resources when the marriage ends, even if only one of you is registered.

What is the difference between cote-părți and devălmășie?

In ownership in shares (cote-părți) each owner has a defined share, and unless stated otherwise the shares are presumed equal. In spouses' joint property (devălmășie) there are no defined shares, and they are set only when the regime ends, for example on divorce.

Can one owner sell the villa without the other?

No. Under Article 641 of the Romanian Civil Code, selling or charging a jointly owned property requires the consent of all co-owners. What each co-owner can do alone is ask for partition.

Is it worth registering the property in the name of a minor child?

It is usually restrictive. Selling or mortgaging a minor's property requires prior approval from the guardianship court, given only when the act clearly benefits the minor. Anyone who may want to sell or refinance before the child comes of age should think this through carefully.

Will the Romanian bank require both of us to be borrowers?

It depends on the bank and your incomes. Whoever is registered as owner will have to sign the mortgage, and whoever's income is used for approval will usually be a borrower. Ask the bank before you decide on the registration.

The bottom line

The name on the extract is only part of the answer. What decides is also your property regime, who grants the mortgage, and the plan for the next generation.

If you are about to buy, in our project in Balotești or anywhere else, book a 30-minute call with me. We will go through the five questions together and prepare the list for your lawyer and the bank.

Moti Azulay, Compass Group Romania

Sources and data: Regulation (EU) 2016/1103 on matrimonial property regimes, EUR-Lex · Spouses (Property Relations) Law, 1973 (Nevo, in Hebrew) · Romanian legislation portal: Civil Code, Law 287/2009 · codulcivil.ro: Article 357, partition of spouses' property · law-partners.ro: real estate held by minors · Land registration authority (ANCPI) · National Union of Public Notaries of Romania (UNNPR).

This article is for general information only and is not legal, tax or financial advice. The information is correct as of October 2026. The law governing the property regime depends on the date of marriage, the place of residence and any agreements between the spouses. Before registering, consult a Romanian lawyer and an Israeli family law attorney.

This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.

Whose name should the villa be in: spouses, children or one of you?