In a marriage without property separation, do both spouses have to come to buy property in Bulgaria?

In Bulgaria, as in many other countries, marriages without property separation (i.e., with statutory community of property) are also treated property acquired during the marriage is jointly owned by both spouses. Accordingly, there are certain legal requirements for the purchase of real estate by married couples.

Obligation for both spouses to be present:

• Presence at the signing of the contract: If the property is to be purchased on a jointly owned marital estate, both spouses should be present at the signing of the purchase and sale agreement at the notary.

Power of Attorney:

• If one spouse cannot be present at the signing of the contract, the other spouse may represent him or her under a notarized power of attorney. The power of attorney must be drawn up by a notary and must expressly authorize one spouse to act on behalf of the other in the purchase of the property.
• If the power of attorney is drawn up outside Bulgaria, it must be apostilled (if the issuing country is a party to the Hague Convention) and translated into Bulgarian by a sworn translator.