Buying Property in Morocco as a Couple: Whose Name Goes on the Title?

Yes, a couple can buy property in Morocco together, and both names can appear on the land title as co-owners with a stated share each.

What surprises many foreign buyers is that marriage does not automatically settle who owns what: the deed, the title and the law that governs your marriage all matter.

I’m married and live in Morocco, and my first purchase in Marrakech was registered in my name alone, so I have thought about this question more than once since.

This guide explains the choices before the notary drafts anything, because changing names on a title later costs time, duties and goodwill.

This article is general educational information based on Moroccan legislation, not legal advice. Couples with children from earlier relationships, mixed nationalities or a prenuptial agreement should get advice in both countries.

Can both partners be on a Moroccan land title?

Yes. Two or more people can own a property together in undivided shares, which Moroccan law calls indivision.

The usual approach is for the deed to name each buyer and state each share, for example 50% each, or 70% and 30% if one person pays more.

Ask the notary to show you the draft and check that every name is spelled exactly as in the passport, because the title will repeat it.

Our guide to buying property in Morocco through a notary covers the documents each buyer will need.

Does marriage automatically make the property joint?

Not under Moroccan family law.

The Moroccan Family Code says each spouse has their own estate, although spouses can sign a separate agreement on how property acquired during the marriage will be shared (Family Code, article 49).

That code applies to all Moroccans, including dual nationals, and to any relationship where one of the two people is Moroccan (article 2).

So in a couple where one partner is Moroccan, a property titled in only one name is that person’s property unless an agreement or the general rules of evidence show otherwise.

What about two foreign spouses?

For foreigners, the old dahir on the civil status of foreigners, still published by the Ministry of Justice, sets the rule.

Without a marriage contract, the effects of the marriage on the spouses’ property follow the husband’s national law at the time of the wedding (Dahir on the civil status of foreigners, article 15).

A marriage contract, where you have one, is governed by the law it refers to (same dahir, article 14).

At the same time, property located in Morocco is governed by Moroccan law (article 17), which is why the land title itself carries so much weight.

In practice, if your home country treats property bought during marriage as shared, a title in one name may not match what you both expect, so put both names on it when that is your intention.

What changes for unmarried couples?

Partners who are not married have no marriage rules to fall back on, so the deed and the title are almost everything.

If only one partner is named, the other partner has no registered right, even if they paid half.

Inheritance follows separate rules: for foreigners, the heirs of property in Morocco are determined by the deceased’s national law (article 18), while under the Moroccan Family Code there is no inheritance between a Muslim and a non Muslim (article 332).

Our guide to inheritance law in Morocco for foreign owners explains when each system applies and why a will in your home country may matter.

What happens if one of you wants to sell or leave?

Co-ownership is flexible, but it is not permanent.

Nobody can be forced to stay in indivision, and any co-owner can ask for a division, through the court if the others do not agree (Code of Real Rights, Law 39-08, articles 26 and 27).

Co-owners may agree in writing to stay in indivision for a fixed period, although a court can end that agreement early for a legitimate reason (article 27).

If one partner sells their share to an outsider, the other co-owner can take it over by preemption, paying the price, the contract costs and any useful expenses (articles 292 and 296).

A buyer of that share can notify the contract to the co-owner, who then has thirty days from personal receipt to exercise the right (article 304).

For a couple, this means neither partner can quietly bring a stranger into the property without the other having first call on that share.

How should you split the money and keep the paper trail?

Pay the price through the notary from accounts that show who paid what.

If you bring money from abroad, keep the bank documents for each transfer in the name of the person who sent it, because they support any later transfer of the sale proceeds out of Morocco.

Our guides to the convertible dirham account and to repatriating money after a sale explain why that proof matters.

Avoid cash: when the price is above 300,000 dirhams, an extra 2% registration duty applies to the part paid in cash (2026 tax guide for Moroccans abroad, page 7).

The 4% registration duty on a home is charged on the price as a whole, whether there is one buyer or two (same guide, page 4).

When you sell, the property gains tax is 20% with a minimum of 3% of the sale price (pages 20 and 21), so ask the notary how it will be calculated for each co-owner.

What did my own purchases teach me about names on a deed?

My first purchase went through a notary and was registered in my name, and thank God everything went well.

Looking back, I relied heavily on the people around me and jumped in quickly, because it was my first time.

If I were buying with a partner today, I would settle the names, the shares and who pays what before signing the promise of sale, not on the morning of the final deed.

The notary drafts what the buyers ask for, so the decision has to come from you.

What should you check before you sign?

• Both full names, exactly as in your passports, and each person’s share in the draft deed.
• Which law governs your marriage, and whether you signed a marriage contract.
• Whether one of you is Moroccan or a dual national, which brings in the Family Code.
• Proof of who paid what, especially for money transferred from abroad.
• A written co-ownership agreement covering sale, exit and costs if you are not married.
• Wills or estate planning in your home country, coordinated with Moroccan rules.

If you plan to own several properties or rent them out, compare personal co-ownership with buying through a Moroccan company before you decide.

Frequently asked questions

Can a foreign couple buy property in Morocco in both names?

Yes. The deed can name both buyers as co-owners and state each person’s share, which is then recorded on the land title.

Is property bought by a married couple in Morocco automatically joint?

Not under the Moroccan Family Code, which gives each spouse a separate estate. For two foreign spouses, their national law may govern the effects of marriage on property, so put both names on the title if that is your intention.

Can co-owners have unequal shares?

Yes. Shares do not have to be equal, and many couples set them according to what each person paid.

Can my partner sell their half to someone else?

They can sell their share, but as a co-owner you can take it over by preemption by paying the price and costs, within thirty days of receiving a valid notification.

Can we add a partner’s name to the title later?

Usually only through a new transaction, such as a sale or gift of a share, which brings new duties and paperwork. It is simpler to decide before the first deed.

What is the safest next step?

Sit down together before you make an offer and agree the names, the shares and how you will pay.

Then give those instructions to your notary in writing, and read the draft deed carefully before anyone signs.