Former spouse claims her right to property even after several decades
Former spouse claims her right to property even after several decades
The editor’s office of „Siauliu krastas" was contacted by a lady from Joniskis who was angry because a notary avoided issuing a certificate of inheritance rights for the whole property of her late husband, although she had a testament. It turned out that the first wife the marriage with whom was dissolved forty years ago also claimed interest in the share of the property.
The President of the Lithuanian Notary Chamber Marius Strackaitis states that in accordance with the existing practice even in a few decades after divorse former spouse is entitled to demand a share in property, since the property acquired in that marriage still remains joint property.
To heirs have appeared
This story began two years ago. The Joniskis resident Dalija‘s brother Algirdas representing her interests and living in Siauliai tells that his sister after her husband Vytautas died in 2012 turned to a notary bureau seeking to succeed under a testament. She claimed her rights to land, money on a bank account and one third of a house. The lady was Vytautas‘ second wife with whom he lived till death and left all his property to her under a testament.
The notary accepted documents in January, 2012, issued a certificate on a right to succeed under a testament. Later she issued a certificate that the spouse was exempt from taxes on property. Yet, in three months, as it had to be done under a law, she did not issue a certificate of inheritance rights.
During this time a request was received from the first wife of the deceased Dzidra represented by her daughter on inheritance of a part of the house and one half of other buildings.
The first wife also demanded through a notary bureau that the second wife paid for her part of the house and of the other buildings 20 thousand litas and informed that otherwise she would sell them to another person.
There is no testator‘s will any more?
„I believe the notary has violated the will of the testator in whose name all the property was registered and who bequeathed it to my sister. The first wife divorced with the deceased in 1975, back in 1973 she registered out of the building, she had never paid any taxes or fees. How can she now claim her interest in this apartment?" – Algirdas speaks angrily.
Dissolution of the marriage in 1976 was registered in a state register. Since the property has not been divided either during the divorce or after it, Algirdas is sure that the whole property belongs to his sister.
Defending the interests of his sister Algirdas who disagreed with the notary‘s actions turned to a prosecutor‘s office, Joniskis District precinct court, Ministry of Justice and other authorities.
Joniskis district precinct court has dismissed the complaint. The man says he is going to seek the justice further.
Property is considered to be joint tenancy
„Siauliu krastas" asked the President of the the Lithuanian Notary Chamber, Klaipeda notary Marius Strackaitis to comment on the situation. Since the people who addressed the editor‘s office are litigating, and in order to protect the secret of notary actions the Notary Chamber is not entitled to comment the actual circumstances. Yet, the President of the Notary Chamber has provided some information on the usual practice in similar cases.
„Let‘s say, one has acquired in marriage real estate back in the Soviet times, then he divorced but has not formally divided the property with former spouse. Under Article 21 of the 1969 Marriage and Family Code, property and money acquired by spouses in marriage are their joint tenancy. The spouses have equal rights to possess, use and dispose of such property," – says the President of the Notary Chamber Marius Strackaitis.
Therefore, according to him, the property acquired in marriage is considered to belong to both spouses, even though it may be registered in the name of one of them. Even in several decades, if the couple has not divided the property acquired in marriage, a former spouse may claim an interest in a part of such property even after the other spouse‘s death. In his turn, a testator may bequeath only the share belonging to him from the previous marriage and not all the property of the spouses.
The President of the Notary Chamber advises to seek solution of mutual disputes of other heirs under a testament or other persons claiming their rights to the property in connection with the testament or legalness of a notary‘s actions in court.