Questions to notary

Visi klausimai ir atsakymai

290

Good afternoon. If the spouses decide to purchase an apartment is it possible to process such a purchase as the ownership of one of the spouses only (if such purchase of an apartment is being funded from one of the spouses)? How would such apartment be divided in case of a divorce?

According to the Art. 3.101 of the Civil Code, you may enter into a postnuptial agreement. Parties to the postnuptial agreement may choose an acceptable legal regime of the property (present and future), being purchased both prior to marriage and after the marriage. It is possible to specify in the postnuptial agreement that one of the spouses will purchase the named apartment by the right of individual property. In order for one of the spouses (without entering into a postnuptial agreement) to purchase the property as an individual property while being in a marriage, such spouse should present documents, proving that such funds, from which the property is being purchased, belong to him only (for ex., donated money, inherited money, money received having sold the inherited property and etc.), as well as a spouse‘s consent is necessary. However, according to the Art. 3.90 pf the Civil Code, the court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or due to the work of the other spouse (capital investments, reconstruction, etc.).
289

My husband received a testamentary gift from his mother, i.e. a country house with land. There are two other brothers and a surviving mother. Who will inherit the homestead after death of my husband? Is it the wife and children who inherit the property or my mother-in-law and other brothers of my husband?

Estate of the deceased person may be inherited under a testamentary or legislative regime. Following the law, the estate is inherited insofar as it is not changed by the last will. Art. 5.11 of the Civil Code of the Republic of Lithuania defines the order of intestate succession. In case there is no last will concluded, following the Art. 5.11 (1)(1) of the Civil Code of the Republic of Lithuania, the heirs to inheritance are considered to be the children of bequeather. According to the Art. 5.13 of the Civil Code of the Republic of Lithuania, the surviving spouse of the bequeather shall be entitled to inherit pursuant to intestate succession or alongside with the heirs (if any) of either the first or second degree of descent. Together with the first degree heirs, he shall inherit one fourth of the inheritance in the event of existence of not more than three heirs apart from the spouse. In the event where there are more than three heirs, the spouse shall inherit in equal shares with the other heirs. In the event of absence of the first and second degree heirs, the spouse shall inherit the whole inheritable estate. The surviving spouse will be issued a certificate attesting to the ownership right of a share to a common estate of the spouses regarding half of the common estate, purchased while being in marriage. The other half of the estate will be inherited by operation of the law following the order specified above.
288

Hello, I have a rather interesting situation. My mother donated her entire apartment to her brother, as he, being at the age of 42, still has nothing, and I with two my children own a 1 bedroom apartment. My parents did not give me a single litas to purchase the apartment, while my apartment is given as a testamentary gift to both of my daughters is equal shares. Do I after the death of my parents have a legal right to dispute the inheritance, because I do not understand why their biological daughter is left with nothing? Plus, they are very proud of it.

Last will is a predefined instrument of a testator concerning the inheritance of the estate in case of a testator’s death. Art. 5.19 of the Civil Code states that any natural person may bequeath all his property or a part thereof (including ordinary house furnishing and household equipment) to one or several persons irrespective of whether they are his heirs by operation of law, likewise to the state, municipalities or legal persons. The testator shall freely draw up such instrument, without force or mistakenly. The last will may be concluded exclusively by a legally capable person, being aware of significance and consequences of his/her actions. Your mother and/or father are free to bequeath their estate at their discretion to any person chosen freely. Following the Art. 5.20 of the Civil Code, the testator’s children, who were entitled to maintenance on the day of the testator’s death shall inherit irrespective of the content of the will a half of the share that each of them would have been entitled to by operation of law (mandatory share) unless more is bequeathed by the will.
287

Do children at the age of 14-16 traveling to France with their teacher need a notarized parental consent?

When a child travels to countries within the Schengen area, such transiting is subject to the Schengen agreement, irrespective of whether that child travels with his parents, with one of his parents, with accompanying person or on his own, he/she does not need to have a letter of consent for travel from one of his parents and the state boarder guard service officer will not request it. In this case, there is no need to make an appointment with a notary and notarize the transit of a child to a foreign country.Schengen area is made of 24 countries among which are 22 EU member states: Austria, Belgium, Denmark, Greece, Spain, Italy, Luxemburg, Netherlands, Portugal, France, Finland, Sweden, Germany, Lithuania, Latvia, Czech, Estonia, Poland, Malta, Slovakia, Hungary, Slovenia and 2 non-EU member states – Norway and Iceland.When a child travels to foreign countries outside the Schengen area with one of his parents, a written consent from the other parent is not required. In case the child’s last name is different from the last name of a parent with whom the child is traveling, besides other documents, they should have a birth certificate. In cases a child is traveling on his own or accompanied by another person, consent, given by one of his parents or a guardian, and a copy of such is necessary. Authenticity of a signature affixed in the consent should be attested by the notary or a diplomatic mission of the LR or an officer of the consular authority or the local government.
286

Good afternoon, I wish to sell my apartment. The apartment was purchased before the marriage. I got married abroad and I was wondering whether I need any documents or any consent from my husband?

Second question – we have already found a buyer, unfortunately, she is also abroad and we both will stay in Lithuania for 1 day only. Is it possible to arrange all the documents in 1 day? Who do I need to contact? Thank you in advance.Regarding conclusion of a transaction concerning the sale-purchase of the apartment, you should contact the notary office together with the buyer and submit the necessary documents. Documents, necessary to submit to the notary for conclusion of a sale-purchase transaction:1. Documents, proving the right of ownership to the apartment (sale-purchase, exchange, donation contracts, instrument attesting to the right of inheritance, deed of sale by auction, deed of building’s acceptance for use and/or other);2. Personal identification documents of the owner and the buyer;3. Documents proving a marital status of the owner and the apartment buyer (marriage, divorce, death certificates of a spouse);4. In case the buyer is married, provide a spouse’s personal identification number.5. In case the owner and/or the apartment buyer have a marriage contract and/or agreement of estate division purchased in marriage, please provide these documents as well;6. Bank’s certificate regarding a buyer’s loan or loan agreements;7. Seller’s account number into which the granted loan will be transferred;8. Court approval in case the apartment being sold is a family property;9. Bank permit if the apartment being sold is mortgaged to a bank for the granted loan.If your marriage certificate or other respective document, attesting to your marriage, is issued in a relevant institution or an office of a foreign country, such document should be legalized or should have an “Apostille” and translated into Lithuanian language. This list of documents should not be interpreted as a final legal conclusion. When performing a legal study of the documents and considering specific circumstances of the sale-purchase agreement, the notary may request to submit other documents, not specified in this list. Preparation and approval of the sale-purchase transaction require more than 1 day.
285

Good afternoon. I was wondering how to transfer the ownership to a house? My parents are divorced; however, my father wishes to transfer the entire house to my mother, his former wife. What actions do we need to take? What documents do we need and how much does it cost?

Depending on how the house will be transferred, the notary should be supplied with the following documents.The following documents should be submitted to the notary for conclusion of a donation transaction:1. Clarification of data for transaction issued by the State Enterprise Center of Registers (valid for 30 calendar days, such document is ordered upon request of a customer and received by the notary only);2. Ownership documents of the house and the land lot (where the house stands) (based on a situation, such documents may be: instrument of the inheritance right, instrument of the ownership right, sale-purchase, exchange, donation contracts, deed of sale by auction and etc.);3. Layout of the land lot;4. Certificate from the gardeners’ partnership;5. Parents’ divorce certificate;6. Owner’s personal identification document.7. Personal identification document of the beneficiary spouse.Please note that having accepted the land lot as a donation from an unacquainted person, the beneficiary is obliged to pay the personal income tax to the country’s budget.The following documents must be submitted to the notary for conclusion of the sale-purchase transaction:1. Clarification of data for transaction issued by the State Enterprise Center of Registers (valid for 30 calendar days, such document is ordered upon request of a customer and received by the notary only);2. Ownership documents of the house and the land lot (where the house stands) (based on a situation, such documents may be: instrument of the inheritance right, instrument of the ownership right, sale-purchase, exchange, donation contracts, deed of sale by auction and etc.);3. Layout of the land lot;4. Certificate from the gardeners’ partnership;5. Parents’ divorce certificate;6. Bank’s certificate regarding a buyer’s loan or loan agreements;7. Seller’s account number into which the granted loan will be transferred;8. Court approval in case the apartment being sold is a family property;9. Bank permit if the apartment being sold is mortgaged to a bank for the granted loan.Paragraph 1.1 of the order, issued by the Minister of Justice of the Republic of Lithuania “Regarding approval of temporary notary fees for notarial actions, preparation of draft transactions, consultations, and technical services” stipulates that a notary fee for a transfer of the real estate is 0,45 % of the amount, but not less than 100 Lt and not more than 20 000 Lt, calculating from the value of the property being donated or from a price of the property being sold. Please note that this amount does not include the price of the ownership registration, technical work, clarification of data for transaction and other relevant verifications, necessary for a notarial approval of the transaction. This list of documents should not be interpreted as a final legal conclusion. When performing a legal study of the documents and considering specific circumstances of the sale-purchase agreement, the notary may request to submit other documents, not specified in this list.
284

I have been married for 3 years, I am also a non-biological father and gave my last name to this child. I have an apartment purchased prior to the marriage, and I have never signed any marriage contract, concerning division of the real estate. Do my wife and her child have any rights to this property?

According to the Art. 3.89 of the Civil Code, property being purchased separately by the spouses prior to the commencement of the marriage is considered as individual property of a spouse. According to the Art. 3.90 of the Civil Code, the court may declare an individual property of one of the spouses to be joint community property if it is established that during the marriage the property was fundamentally improved with the joint funds of the spouses or due to the work of the other spouse (capital investments, reconstruction, etc.).Regardless which of the spouse owned the current family’s dwelling, purchased prior to commencement of the marriage, personal property, intended to meet the needs of the family, including furniture, are considered as a family property. The family property may be used, managed or disposed of upon a mutual consent of the spouses. The legal regime of family assets shall end on divorce, declaration of the nullity of marriage or separation of the spouses. 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.
283

I would like to ask a question, my mother died, we are six children, our dad is still alive. Do we have to renounce succession as heirs, or in 3 months and 10 day it shall automatically belong to the father. I ask that because three children live abroad and agree and the father received the whole estate.

A heir has to accept succession by active actions. Should the feir within the term set forth by legislation fail to express his/her will, a notary should issue a certificate of inheritance rights to the heirs who have accepted succession in time. A notary is not obliged to search for heirs. Yet, in case of legal succession, if all the first priority heirs (i.e. chidlren and adopted children of the deceased) failed to accept succession or renounced it, or if all the first priority heirs were deprived of the inheritance rights, then the second priority heirs (i.e. parents (adoptive parents) and grandchildren) shall have a right to accept succession. If there are no first of second priority heirs, a spouse shall receive all the succession.Anyway, it should be noted that the actual circumstances of each inheritance case are different and it is necessary to talk to a notary conducting this case regarding all the issues connected with inheritance.
282

Hallo, my grandmother’s step father owned a part of forest. He died long ago. He had no other chidlren. An nobody has ever arranged any inheritance documents. Could my grandmother arrange them and what should she begin with?

A term to accept succession specified by the Civil Code of the Republic of Lithuania may be prolonged by court, provided it has been determined that this term was missed for valid reasons. Succession may be accepted after expiration of this term without turning to court if all the heirs who have accepted succession agree to it. A similar possibility to prolong the term of acceptance of succession was presupposed by the version of the Civil Code of the Republic of Lithuania which was valid before July 1, 2001.
281

Hallo! Could you tell me please what should we do in the following situation. A husband died, a wife and her minor daughter survived. The wife is a Russian citizen. There is a land plot and a house on it. Can the wife claim the land? As far as I know, Russian citizens may not own land in Lithuania. Thus, the minor daughter shall have all the land plot – could you tell us if she will be able to do anything with this land before she is 18? E.g., to sell it? The daughter is going to take a Russian citizenship when she is 16. What will she be able to do with the inherited land after that?

Article 5.75 of the Civil Code of the Republic of Lithuania reads that in case succession is accepted by a heir who under the laws of the Republic of Lithuania has no right to own land, such heir acquires rights only for the sum of money received from sale of the inherited land. The land under the certificate of inheritance provided by the heir is sold in the order set forth by the Government to a buyer specified by such heir or via auction. The received sum is paid to the heir, except for sale or auction costs.A minor heir who has changed a citizenship shall be able to sell the property, because as long as he/she has a Lithuanian citizenship there Since in this case all the actual circumstances of the inheritance case are important (e.g., if there is any other property of the decesased, is it worth for a Russian citizen to accept succession, etc.), you should turn to the notary who conducts this inheritance case.