Registering rights derived from acts between spouses

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Would the Land Registry make changes in ownership’s entry (proprietorship) on the bases of acts performed between the spouses?

Data in the Real Property Register can be modified:

a) upon matrimonial agreement attested by the notary (the spouses agree upon changing the statutory matrimonial property regime and, accordingly, the form of ownership right;
b) upon agreement on division of matrimonial property attested by the notary or court (in case of divorce).

The Keeper of the Real Property Register should be provided with the agreement attested by the notary or the final decision of the court.

Agreements must be attested by the notary or the court. The matrimonial agreement must be registered in the special Register of Marriage Settlements.

Drawing up a matrimonial agreement means the change of statutory matrimonial property regime into a contractual matrimonial property regime. All documents should specify the form of ownership right.

The document must contain data identifying new proprietor (we talk about a natural person): name, surname and personal code as well as the form of ownership right:

a) personal ownership,
b) common partial ownership,
c) common joint ownership.

If spouses acquire property by the right of common partial ownership or common joint ownership, the document should also contain data identifying both spouses: names, surnames and personal codes.

The Real Property Register contains only data about the owner (owners), i.e. name, surname and personal code as well as the form of ownership right.

The parties to the agreement are not obligated to provide any proof if information is recorded in the registers of the Republic of Lithuania. If needed, the established matrimonial property regime can be checked in the registers of the Republic of Lithuania by the notary who attests the transaction, by the public institution issuing another ownership document and by the Keeper of the Real Property Register.

The notary who attests the transaction or the public institution issuing another ownership document must check the fact of concluding a matrimonial agreement in the special Register of Marriage Settlements and specify the form of ownership right in the documents as provided for in the matrimonial agreement.

If the registers of the Republic of Lithuania do not contain any information on the matrimonial property regime, proof must be provided by the interested persons themselves.

There is no registered partnership in the Republic of Lithuania, only the marriage.

Practical case 1

Paul and Mary married and they both own jointly an immovable property registered as such in your land book. Following a divorced between them, the property will become of exclusive ownership of Mary;

a) by means of the Court decision,
b) by an agreement between spouses in order the liquidation of their common assets.

Both options are possible. The settlement must be attested by the notary.

Is this situation relevant for the registry?

Data in the Real Property Register shall be revised under the court decision mentioned above or under the settlement attested by the notary.

How is it reflected in the land book? What are the requirements for its registration and which documents should be presented to update the Land Registry?

Data in the Real Property Register about the owner of real property object and the type of ownership right are changed. Mary should submit an application and a relevant document (a decision of the court or a settlement attested by the notary) to the Keeper of the Real Property Register.

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.

Practical case 2

Paul is the registered owner of an immovable property acquired by succession. Sometime after his registration, Paul marries Mary and decides that the property will be in the common ownership of both spouses, so they perform the transmission act by a matrimonial property agreement according to the applicable law.

Is this transmission entered in the land book?

Yes, this transmission can be entered in the Real Property Register.

Which should be the relevant documents?

The matrimonial property agreement attested by the notary and registered in the Register of Marriage Settlements should be the relevant document.

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.