In brief
A notary in Romania will ask every married buyer under which matrimonial property regime they are married, because the answer determines who owns the property and who will have to sign a sale or mortgage in the future. Romania does not apply European Regulation 2016/1103, so the notary acts under Articles 2589 to 2596 of the Romanian Civil Code, which usually refer a couple living in Israel to Israeli law. One rule applies in any case according to the location of the home: an act concerning the family home in Romania requires the written consent of the other spouse.
Key takeaways
- 1Romania is not among the states that apply Regulation 2016/1103; a Romanian notary applies Articles 2589 to 2596 of the Civil Code.
- 2Without a choice of law, the law of the common habitual residence applies, then the law of the common nationality, and then the law of the place of marriage.
- 3Where Romanian law applies, the default is the legal community regime, and selling or mortgaging jointly owned real property requires both spouses (Article 346).
- 4Article 322 applies in any case to the family home in Romania: an act concerning it requires the spouse's written consent, even if they are not an owner.
- 5A marriage certificate, a matrimonial agreement and a choice-of-law agreement go to the notary with an apostille and a certified translation into Romanian.
In an ordinary Israeli transaction, the question "are you married?" comes up in passing. Before a notary in Romania it is one of the first questions, and it is immediately followed by the next: under which property regime. Many Israeli buyers arrive at the signing without a ready answer, and the signing is postponed because of a missing document or a declaration that was not prepared.
This guide deals with the moment a married couple buys: what the notary needs to know, which law will determine who owns the property, who needs to be present and what to prepare in advance. The question of in whose name the property should be registered, and what happens to it on divorce, we set out in separate guides.
Why does the notary ask about the matrimonial regime?
Because without the answer they do not know exactly what is being registered. The matrimonial regime determines whether the property belongs only to the spouse who bought it or to both spouses, and who will have to consent when you want to sell or mortgage the property.
It is important to understand the distinction from the start: the name registered in the land book (Cartea Funciară) is only part of the picture. What actually belongs to each of you is determined by the law that governs your marriage, and that is not always Romanian law.
Without a choice of law, the law of the common habitual residence applies, then the law of the common nationality, and then the law of the place of marriage.
Which law governs the property of an Israeli couple buying in Romania?
For a couple living together in Israel who have not chosen a law, as a rule Israeli law. Romania has not joined European Regulation 2016/1103 on matrimonial property regimes. Council Decision 2016/954 lists the 18 states that joined the cooperation, and Romania is not on the list. So the notary turns to the private international law rules in the Romanian Civil Code:
| Situation | The applicable law | Article of the Civil Code |
|---|---|---|
| You chose a law in an agreement | The law you chose, even if you have moved country since | 2590, 2596(3) |
| You did not choose a law | The law governing the general effects of the marriage | 2592 |
| Determining that law | The common habitual residence; failing that, the common nationality; failing that, the place of marriage | 2589(1) |
| You moved together to another country | The new law applies only from then on, unless you agreed otherwise | 2596(2) |
You can choose a law before the wedding, at the wedding or during the marriage. The choice is limited to three options: the law of the habitual residence of one of you, the law of the nationality of one of you, or the law of the first common residence after the wedding. An express document, signed and dated by both of you, is required (Article 2591). The chosen law determines what belongs to each, the rights and duties, and how the regime ends and is divided (Article 2593).
When does Regulation 2016/1103 still matter to you?
When you also have property or proceedings in a state that applies it, for example Germany, France or Italy. The courts there will apply the Regulation, and the law determined under it applies to all your assets, in every country (Articles 20 and 21 of the Regulation). Anyone holding property in several European countries needs to check that their choice of law works in all of them, not only in Romania.
And what if Romanian law does apply to you?
This can happen, for example, when you live in Romania. In that case the Civil Code offers three regimes (Article 312), and each changes who needs to sign:
| Regime | Who owns property bought during the marriage | Who signs a sale or mortgage |
|---|---|---|
| comunitatea legală (legal community, the default) | Both of you, in joint ownership without defined shares (Article 339). Inheritance and gifts remain each spouse's own (Article 340) | Both spouses (Article 346(1)) |
| separația de bunuri (separation of property) | The spouse who bought it. What was bought together is held in shares (Articles 360, 362) | The registered owners |
| comunitatea convențională (conventional community) | Community with agreed modifications (Articles 366, 367) | According to the agreement, within the limits of the law |
Any regime other than 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, the agreement is registered in the national notarial register of matrimonial regimes, and for real property also in the land book (Article 334). As long as it is not registered, a third party acting in good faith may assume you are under the legal community regime (Article 313(3)).
Must the spouse attend the signing?
For a purchase, usually not. For a sale or a mortgage, often yes. The table brings together the rules where Romanian law applies:
| Act | The rule | Source |
|---|---|---|
| Purchase under legal community | One spouse can buy alone, and the property becomes joint | Article 345(2) |
| Sale or mortgage of jointly owned real property | The consent of both of you is required | Article 346(1) |
| Sale or mortgage of one spouse's own property | The owner alone, unless it is the family home | Article 342 |
| The spouse cannot attend | The other can be given a power of attorney, in practice a notarial power of attorney | Article 314 |
Where a foreign law, for example Israeli law, applies to you, the answer depends on that law. So it is worth asking the notary a few weeks before the signing whether the non-purchasing spouse needs to sign a declaration or consent, and in what form. And under any regime: whoever is registered as owner will have to sign when you sell or mortgage.
What is special about the family home?
This is the rule that applies regardless of the law governing the rest of the property. Under Article 2589(3), the spouses' rights in the family home are subject to the law of the place where it is located. When the home is in Romania, Article 322 applies: neither spouse may perform an act concerning rights in it without the other's written consent, even when only one of them is registered as owner.
- What the family home is: the spouses' common home (Article 321). A holiday property of a couple living in Israel is usually not one, but this is a question to check with the lawyer rather than assume.
- Unjustified refusal: a court may authorise the act if the spouse refused without a legitimate reason (Article 322(3)).
- A note in the land book: either spouse, even one who is not an owner, may ask to register that the property is the family home (Article 321(2)). Without the note, a spouse who did not consent can usually claim only damages and not annulment, unless the buyer knew (Article 322(5)).
How should the land book entry reflect the regime?
A married couple can appear in the land book as one spouse alone, as both of you in joint ownership under community (devălmășie), or as both of you in defined shares. The entry does not determine the regime, but it is what third parties see.
- Under Article 344, either spouse may ask for it to be noted in the land book that the property belongs to the community.
- Under Article 2595, the effect of the regime on third parties is determined by the law that governs it, with exceptions, including where the registration rules of the state in which the property is located were complied with.
- The practical conclusion: an entry that matches the real arrangement between you protects both you and whoever buys from you in the future.
Which documents should you prepare before the notary?
- A marriage certificate with an apostille and a certified translation into Romanian.
- A matrimonial agreement or a choice-of-law agreement, if there is one, through the same apostille and translation route.
- A written answer to the background questions: where you lived together after the wedding, where you live today, and which nationalities each of you holds.
- A decision on the form of registration: one name, community or shares, according to the regime and the source of the money.
- A notarial power of attorney for the spouse who will not attend, if their signature or consent is required.
- Coordination with the bank, if there is financing: whether the spouse needs to be a co-borrower or sign the mortgage.
The developer's or seller's lawyer represents their side. The question of the matrimonial regime is worth examining with a lawyer who represents you, and coordinating with a family law lawyer in Israel where there is a matrimonial agreement.
What to do before signing?
Before the contract, it is worth finding out which regime applies to you, deciding whether to choose a law in writing, gathering the documents with an apostille and translation, and getting from the notary in advance a list of the declarations they will require. We accompany Israeli couples with these questions under Israeli and Romanian law, together with lawyers and notaries licensed in Romania, who draw up the documents and carry out the registration in the land book.
This article is general information, current as of October 2026, and is not legal advice for a specific case. The law governing spouses' property depends on nationality, place of residence and the agreements between you, and each case should be examined on its own facts.
Frequently asked questions
Does European Regulation 2016/1103 apply to a property in Romania?
No. Romania is not among the 18 states that Council Decision 2016/954 lists as participating. A Romanian notary applies Articles 2589 to 2596 of the Civil Code. The Regulation may apply if you have property or proceedings in a participating state.
A couple living in Israel who did not choose a law: which law will apply to the property in Romania?
Under Articles 2592 and 2589(1) of the Romanian Civil Code, first the law of the common habitual residence. For a couple living together in Israel, that is usually Israeli law.
Can you buy property in Romania without the spouse attending?
Usually yes. Under the legal community regime of Romanian law, one spouse can buy alone, and the property becomes joint (Article 345(2)). Under a foreign regime, ask the notary in advance whether a declaration by the spouse is required, and if so prepare a notarial power of attorney.
Does the spouse need to sign when selling?
If the property is joint under Romanian law, yes (Article 346(1)). If it is the family home in Romania, their written consent is required even when you are the sole owner (Article 322). And anyone registered as owner signs.
Can we choose Romanian law for our property?
Yes, if one of you is a Romanian citizen or habitually resident there, or if Romania was the first common residence after the wedding (Article 2590). An express written agreement, signed and dated by both of you, is required.
Read next · 7 min readA Will for an Israeli With Property in Romania: Choice of Law, Form of the Will and Coordination With the Will in IsraelHow to write a will that works for property in Romania: Regulation 650/2012 and choice of law, notarial or handwritten wills, reserved shares, the Israeli will.Read the guideSources
The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.