1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?

The matrimonial property regime shall be governed by the law of the state where both spouses have their domicile (“domicile” is the place where a person ordinarily resides with the intention to stay and which he/she regards as the centre of his/her personal, social and economic interests). If the spouses are domiciled in different states, the law of the state of which both of them are citizens shall apply. If the spouses have never had a common domicile and are citizens of different states, the law of the state where the marriage was entered into shall apply (Art. 1.28(1) of the Civil Code (hereinafter the CC)).

1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?

The spouses may choose the applicable law. The spouses may choose the law of the state in which they are both domiciled or will be domiciled in future, or the law of the state in which the marriage was entered into, or the law of the state of which one of the spouses is a citizen (Art. 1.28(2) of the CC)).

2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?

Property acquired by the spouses after the commencement of their marriage shall be part of their community property, as well as, among others, the income and fruits collected from the personal property of a spouse or the income from work or intellectual activities collected after the commencement of the marriage.

The personal property of each spouse shall consist of:

• property acquired separately by each spouse before the commencement of the marriage;
• property acquired by succession or gift during the marriage unless the will or donation agreement indicates that the property shall be part of the community property;
• a spouse’s personal effects (clothing, assets required for the spouse’s profession);
• the rights to intellectual or industrial property except for the income derived from those rights;
• funds and chattels required for the personal business of one of the spouses other than the funds and chattels used in the business conducted jointly by both spouses;
• damages and compensation payments received by one of the spouses for non-pecuniary damage or personal injury, payments as financial aid for specific purposes and other benefits related specifically to only one of the spouses, rights that may not be transferred;
• property acquired with the personal funds or proceeds from the sale of a personal property with the express intention of the spouse at the time of the acquisition to acquire it as a personal property (Art. 3.89(1) of the CC).

2.2. Are there legal assumptions concerning the attribution of property?

All property shall be presumed to be community property unless it is established that it is the personal property of one spouse alone (Art. 3.88(2) of the CC).

2.3. Should the spouses establish an inventory of assets? If so, when and how?

The spouses are under no obligation to establish an inventory of assets.

2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?

Community property shall be used, managed and disposed of by the mutual agreement of the spouses (Art. 3.92(1) of the CC). When concluding transactions a spouse shall be presumed to have the consent of the other spouse except in cases where entering into a transaction requires the written consent of the other spouse (Art. 3.92(3) of the CC). Transactions related to the disposal or encumbrance of a community immovable property or the rights to it, also transactions on the alienation of a community enterprise or securities or the encumbrance of the rights to them may be made only by both spouses except where one of the spouses has been given power of attorney by the other spouse to enter into such a transaction (Art. 3.92(4) of the CC).

Where a transaction has been concluded without the consent of the other spouse, that other spouse may ratify the transaction within a month of the date when he/she learnt about the transaction (Art. 3.92(6) of the CC). Transactions made without the consent of the other spouse and not ratified by him/her later, may be contested in an action brought by that spouse within a year of the date when he/she learnt about the transaction provided it is proven that the other party to the transaction was in bad faith (Art. 3.96(1) of the CC). Transactions that should have been made with the written consent of the other spouse or could only have been made jointly by both spouses may be declared void irrespective of the other party to the transaction being in good or bad faith except in cases where one or both of the spouses used fraud in making the transaction or made misrepresentations to institutions in charge of public registers or to any other institutions or officials. In such cases the transaction may be declared void only if the other party to the transaction was in bad faith (Art. 3.96(2) of the CC).

2.5. Are any legal transactions made by one spouse also binding on the other?

When making transactions a spouse shall be presumed to have the consent of the other spouse except in cases where entering into a transaction requires the written consent of the other spouse (Art. 3.92(3) of the CC).

2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

The following obligations shall be discharged from the community property of spouses:

• obligations related to the encumbrances of property acquired in co-ownership that existed at the time of acquisition or were created later;
• obligations related to the costs of managing community property;
• obligations related to the maintenance of the household;
• obligations related to legal expenses where the action is related to community property or the interests of the family;
• obligations arising from transactions made by one of the spouses with the consent of the other spouse or ratified by the latter subsequently as well as obligations arising from transactions for which no consent of the other spouse was required provided that the transactions were made in the interests of the family (Art. 3.109(1) of the CC).

Where the community property is not sufficient to satisfy the creditors' claims for which the spouses are jointly and severally liable, the claims are discharged from the personal property of the spouses (Art. 3.113 of the CC).

3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?

Spouses shall have a right to stipulate in a marriage contract that:

• property acquired both before and during the marriage shall be the personal property of each spouse;
• personal property acquired by a spouse before the marriage shall become community property after the registration of the marriage;
• property acquired during the marriage shall be partially divided community property (Art. 3.104(1) of the CC).

In their marriage contract the spouses may stipulate that one of these matrimonial property regimes shall be applied to their entire property or only to a certain part or to specific chattels (Art. 3.104(2) of the CC).

In their marriage contract the spouses may determine a matrimonial property regime both in respect of their existing and future property (Art. 3.104(3) of the CC).

A marriage contract may contain the stipulation of rights and duties related to the management of property, mutual maintenance, participation in the provision for family needs and expenses as well as the procedure for the division of property in case of divorce and other matters related to the spouses' mutual property relations (Art. 3.104(4) of the CC).

3.2. What are the formal requirements and who should I contact?

A marriage contract must be entered into before a civil law notary and registered in the Register of Marriage Contracts (see under 4.) (Art. 3.103 of the CC).

3.3. When may the contract be concluded and when does it come into effect?

A marriage contract may be made before the registration of the marriage (pre-nuptial contract) or at any time after the registration of the marriage (post-nuptial contract). A marriage contract made before the registration of the marriage shall come into effect on the day of the registration of the marriage. A post-nuptial contract shall come into force on the date on which it is made unless the agreement stipulates otherwise (Art. 3.102 of the CC).

3.4. May an existing contract be modified by the spouses? If so, under what conditions?

A marriage contract may be amended or terminated by the mutual agreement of the spouses at any time before a civil law notary (Art. 3.103(2), Art. 3.106(1) of the CC).

3.5. Can a matrimonial contract be given retroactive effect according to the national law in your country, when spouses conclude this contract during marriage?

In Lithuania a marriage contract can be concluded before marriage or after marriage. A marriage contract concluded before the registration of the marriage takes effect from the date of registration of the marriage. A marriage contract concluded after marriage shall enter into force upon its conclusion, unless otherwise provided in the contract. 

The marriage contract and its amendments may be used against third parties only if the contract and its amendments have been registered in the Register of marriage contracts. Amendments to the marriage contract have no retroactive effect.

4.1. Do one or more matrimonial property registers exist in your country? Where?

There is a Register of Marriage Contracts in Lithuania. The register is managed by the Center of Registers.

4.2. Which documents are registered? Which information is registered?

The register records marriage contracts and divisions of property.

The register shall include the date of the marriage contract, details on the parties to the contract, the date when or condition under which the contract enters into effect, details on the property subject to an agreement on the applicable regime, and the property regime provided (Para. 14-16 of the Regulations on the Register of Marriage Contracts).

The register shall include either the contract or the court decision on the division of community property, details on the parties to the contract or details of persons whose property is divided on the basis of a court decision, details on the property subject to a confirmed contract or a court decision on division, and the applicable regime provided (Para. 17 of the Regulations on the Register of Marriage Contracts).

4.3. How and by whom can the information in the register be accessed?

Extracts from the register shall be provided in writing, by e-mail, by post or by other communication measures, or in person (Para. 88 of the Regulations on the Register of Marriage Contracts).

Data from the register shall be provided for any person stating a reasonable and lawful purpose for use of the data (Para. 85 of the Regulations on the Register of Marriage Contracts).

4.4. What are the legal effects of registration (validity, opposability)?

A marriage contract and its amendments may be opposed to third parties provided they have been registered in the Register of Marriage Contracts. This rule shall not apply if at the time of the transaction the third party knew of the marriage contract and its amendments (Art. 3.103(3) of the CC).

4.5. Can a matrimonial contract concluded in a foreign state according to foreign law be registered in your country and if so, under which conditions?

In Lithuania it is possible to register a matrimonial contract in the Register of matrimonial contracts, which is concluded abroad. 


Spouses wishing to register a matrimonial agreement or to record amendments to the agreement approved in a foreign state, as well as to record the termination of such agreement, may submit the data to the Register of matrimonial contracts in person or through an authorized person, by post or electronically.

All data and documents provided to the Register of matrimonial contracts shall be in Lithuanian. If the documents are not written in Lithuanian, a translation approved in accordance with the procedure established by legal acts must be attached. A matrimonial contract concluded in a foreign state must be certified by an Apostille or legalized.

5.1. How is the property (rights in rem) divided?

The shares of the spouses in the community property shall be presumed to be equal (Art. 3.117(1) of the CC).

Before dividing the community property of the spouses, first the community property and the respective personal property of the spouses shall be established. The community property shall first be used to pay the debts that have fallen due and are payable from this property. Where the balance of community property is positive it is divided equally between the spouses, except in cases provided for in the Civil Code (Art. 3.118 of the CC).

5.2. Who is liable for existing debts after the divorce/separation?

The spouses shall remain liable for joint debts even after divorce as co-debtors.

5.3. Does one spouse have a claim to an equalisation payment?

Where the value of the property awarded to one of the spouses is greater than his/her share in the community property, that spouse shall be obliged to pay compensation to the other spouse (Art. 3.117(3) CC).

In the case of death of one spouse, the surviving spouse is entitled to one half of the community property (Art. 52 of the Law on the Notarial Profession). Furthermore, the surviving spouse shall be entitled to inherit pursuant to intestate succession alongside the heirs (if any) of either the first or second degree of descent. Together with the first degree heirs of the deceased (children), he/she shall inherit one quarter of the inheritance if there are not more than three heirs apart from the spouse. If there are more than three heirs, the spouse shall inherit in equal shares with the other heirs. If the spouse inherits with second degree heirs (parents and grandchildren), he/she is entitled to half of the inheritance. If there are no first and second degree heirs, the spouse shall inherit the whole inheritable estate (Art. 5.13 of the CC).

No

Lithuanian laws do not provide special property regime of registered or non-registered partners.

The courts of the Republic of Lithuania shall have jurisdiction over family cases, provided at least one spouse is a national of the Republic of Lithuania or a stateless person with domicile in the Republic of Lithuania (Art. 784(1) of the Code of Civil Procedure of the Republic of Lithuania (hereinafter referred to as the CCP)). If both spouses have their domicile in the Republic of Lithuania, their family cases shall be dealt with exclusively by the courts of the Republic of Lithuania (Art. 784(2) of the CCP). The courts of the Republic of Lithuania shall also hold jurisdiction over family cases even if both spouses are foreign nationals but have both a domicile in the Republic of Lithuania (Art. 784(3) of the CCP).

On an exclusive basis, only the courts of the Republic of Lithuania shall deal with cases related to real property situated in the Republic of Lithuania (Art. 786 of the CCP).

The case will be heard by the district court of the place of residence of the defendant (Art. 26 and 29 CCP).