Spousal Profit-Sharing Claim Registration in Land Register Following Marital Property Division of Agricultural Property

The case concerned the appeal against a decision regarding the registration of a contractual profit-sharing claim in the land register following a marital property division involving an agricultural property, where the spouses had agreed to a separation of property regime and stipulated a specific contractual profit share for the appellant spouse concerning the farm's value, set between the lower yield value and the market value. The court reasoned that although the relevant statutory provision primarily addresses co-heirs, the legal provisions concerning inheritance law regarding valuation and profit shares in agricultural property division apply analogously in marital property division, meaning a spouse holding a marital profit-sharing claim is entitled to secure this claim via a provisional registration (Vormerkung) under the relevant property law, thus upholding the appeal and permitting the registration.