Land Registry and the family home protective rules & Other Overriding mandatory provisions in family law
Is there any restriction imposed by a mandatory provision protecting the family home in your national law?
Articles 3.84 – 3.86 of the Civil Code of the Republic of Lithuania:
Article 3.84. Family assets
1. Any assets referred to in paragraph 2 of this Article owned by either spouse before or during the marriage shall be considered to be family assets. Family assets may be used only to meet the needs of the family.
2. The following assets owned by the right of ownership by one or both spouses shall be family assets:
– The family dwelling;
– Movables intended for the use in the household including furniture.
– Family assets shall include the right to use the family dwelling.
– Assets referred to in paragraphs 2 and 3 of this Article shall acquire the legal status of family assets on the date of the registration of marriage, but the spouses may use this fact in respect of third parties in good faith only if an immovable is registered in the public register as a family asset.
Article 3.85. Legal regime of family assets
1. Assets referred to in paragraph 2 Article 3.84 hereof, which are the personal property of one of the spouses, may be used, managed or disposed of only in accordance with this Article.
2. The spouse who is the owner of real property considered to be a family asset, may transfer ownership rights to it, charge it or encumber the rights to it in any other way only with the written consent of the other spouse. Where the spouses have children of minor age, transactions in respect of real property considered to be a family asset require a judicial authorisation.
3. Family assets may not be used against a creditor if the creditor knew or should have known that the transaction is not related to meeting the needs of the family and is contrary to the interests of the family.
4. The legal regime of family assets or the composition of the family assets may not be changed by an agreement of the spouses.
Article 3.86. End of the legal regime of family assets
1. The legal regime of family assets shall end on divorce, declaration of the nullity of marriage or separation of the spouses.
2. The court may award the right to use family assets or a certain part of them (usufruct) to the spouse with whom the minor children of the marriage will live. The usufruct shall be valid until the children attain majority.
3. Where the spouses rent a family dwelling, the court may transfer the lessee rights to the spouse with whom the children will live or the spouse who lacks earning capacity.
4. The court may award the chattels intended for the use in the household to the spouse who stays in the family dwelling together with the minor children.
Is there any other restriction or mandatory provision in the field of family law related to immovable property that should be taken into account?
Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.
Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.
Would this contract be registered, assuming all the formal requirements are accomplished?
In this case, a general principle applies: the Keeper of Real Property Register does not check or examine the notarised contracts. If a contract is attested by the notary, the registrar will register the rights on the basis of this contract, i.e. those rights that are stated in this contract.
In this case, does the Land Registry check if the seller complies with that provision?
No, this should be done by the notary who attests the purchase-sale contract.
Would any of your answers to these questions be different if dealing with a registered partnership, rather than a matrimonial property regime?
The Seimas of the Republic of Lithuania (Parliament) has not yet passed the relevant Law on Partnership; therefore, the institute of partnership actually does not function in Lithuania.