Property Rights and Duties of Spouses in the Family in Lithuania
Spousal relationships in the Republic of Lithuania are based on the principle of equal rights within the family. This principle is embodied in the institution of family property, which aims to protect the rights and legitimate interests of minor children and the spouse who is socially and economically more vulnerable, ensuring they are not left without essential means of life after a divorce.
Upon entering into marriage, spouses in Lithuania assume the obligation to be loyal to one another, to show mutual respect, to support each other morally and materially, and—based on their individual capabilities—to contribute to the common needs of the family or of the other spouse. If one spouse is unable to contribute sufficiently to the family’s needs due to objective reasons, the other spouse must do so to the best of their ability. Lithuanian law also allows spouses to choose the legal regime for their property: statutory or contractual.
Family Property
Regardless of who owned the property before or after the marriage, the family’s residence and movable property intended to meet household needs (including furniture) are considered family property in Lithuania. This property must be used solely to meet the family’s shared needs. The right to use the family’s residence is also considered part of family property. Family property may belong to one or both spouses.
Spouse’s Right to Dispose of Family Property in Lithuania
A spouse who owns immovable property considered to be family property may transfer ownership, mortgage it, or otherwise restrict rights to it only with the written consent of the other spouse. If the couple has minor children, any transactions involving such property require court approval.
Spouses’ Duty to Maintain Each Other
When deciding on the dissolution of marriage, the court in Lithuania may award maintenance to the spouse in need, unless the spouses have already resolved this matter in their divorce settlement. A spouse is not entitled to maintenance if their assets or income are sufficient to support themselves.