Your family needs more space and you have found a larger home. Before agreeing a sale, you may encounter older advice saying that parents with children under 18 must obtain a court’s permission. In Lithuania, the procedure changed on 1 January 2023. This guide explains the Lithuanian notarial process; terminology and safeguards from another country may not apply.
What changed on 1 January 2023?
Until the end of 2022, parents needed a district court’s permission for relevant transactions involving a family home or a child’s property. Older sale guides may still describe that procedure, which added another stage before the notarial transaction.
The Seimas, Lithuania’s parliament, adopted Civil Code amendment No. XIV-1346 on 30 June 2022, including changes to Articles 3.85 and 3.188. Article 46 of the Law on the Notariat was also amended. From 1 January 2023, the notary carries out the relevant assessment. This is sometimes described informally as “notary permission”, but the notary does not issue a separate permit: they assess the safeguards before authenticating the transaction.
The protection remains. For a family-home transaction, the notary must check that the child will retain housing and living conditions needed for their development. The State Child Rights Protection and Adoption Service’s official FAQs explain the safeguards. Check the date and jurisdiction of any guide that says a court application is always compulsory.
When does selling a home with children require this assessment?
Two situations are often confused. The evidence depends on which applies to your sale.
The family home where the children live
Family property is a Lithuanian Civil Code concept. It includes the family’s home owned by one or both spouses, as well as household property. A child need not own a share for the family-home safeguards to matter. If one spouse owns the home as separate property but it is family property, the other spouse’s written consent is also relevant.
The Law on the Notariat refers to family property, rather than only a family’s sole property. Another suitable home can therefore be important evidence of the children’s future housing. A separate investment apartment where the family does not live is generally a different situation. If parents are unmarried or divorced, or the property belongs to only one of them, ask the notary how the rules apply before signing a preliminary sale and purchase agreement.
A child owns a share of the apartment
If a child received a share by gift or inheritance, selling that share is a transaction involving the child’s own property under Civil Code Article 3.188. Parents act for the child, and the notary requires evidence that the transaction is in the child’s interests. Explain how the child’s part of the price will be protected, for example through an ownership share in the next home. A housing plan alone may not settle the separate question of protecting the child’s assets. For inheritance documents, see selling inherited property in Lithuania.
When court permission remains necessary
A guardian or curator is subject to separate rules. Under Civil Code Article 3.244(3), advance court permission is required to sell, give away or otherwise transfer a ward’s real property. This remains on the Kaunas District Court’s list of transactions requiring permission.
What does the notary check, and how long does it take?
The Lithuanian Chamber of Notaries explains that spouses must supply information and supporting documents for a transaction involving family property where there are minor children. Article 46 of the Law on the Notariat identifies:
- the family’s financial position: income, savings, other assets and obligations;
- details of the family property being transferred;
- whether the proposed transaction can be completed;
- how the child’s rights will be protected if the transaction does not complete.
The notary also checks Lithuania’s Social Support for Families Information System, known as SPIS, for relevant child-rights, parental-authority, assessment or guardianship entries. Where such entries require an enquiry, the child-rights authority must provide information within five working days.
That is a deadline for the authority’s response, rather than the entire assessment. Overall timing depends on the evidence and the proposed housing arrangements. Contact the notary before committing to the buyer, so there is time to address missing information.
Documents to prepare: a checklist
The notary sets the final list for your circumstances. These records address the areas identified in the legislation.
| Document or evidence | What it supports | Note |
|---|---|---|
| Identity documents and marriage and child details | Family members and ownership | The notary can check some information in registers |
| Income, savings, other assets and borrowing | The family’s financial position | Expressly covered by the Law on the Notariat |
| Next-home preliminary agreement, register extract or lender’s decision | Housing after the sale | The notary decides whether the evidence is sufficient |
| Another family-owned home or temporary accommodation agreement | Alternative housing before the next purchase | Discuss whether the temporary arrangement is suitable |
| Preliminary agreement with your buyer | Ability to complete and payment arrangements | Price, purchase deposit and deadlines |
| Plan to protect the value of the child’s share | The child’s assets, where the child is an owner | For example, a share in the new home |
| Other spouse’s written consent | Authority to dispose of family property | Where relevant to a separately owned family home |
| Lender’s conditions and outstanding loan balance | Payment sequence and release of the mortgage | If the property is mortgaged |
For the general records, including an extract from the NTR (Lithuania’s Real Property Register), cadastral records and energy certification, use our sale-document checklist. Registrų centras, Lithuania’s Centre of Registers, maintains the property register.
How do you coordinate the sale with your next purchase?
When selling one home to fund another, the notary needs to understand where the children will live after the sale. The sequence matters.
- Speak to the notary first. Ask which documents are needed, whether the next-home plan is suitable and what fees apply.
- Address the assessment in the preliminary agreement. Allow time and agree what happens if authentication is refused, including the treatment of the purchase deposit. See what to include in a preliminary agreement.
- Put both transactions in one calendar. A next-home preliminary agreement or lender’s decision can support the plan. The two notarial transactions may take place on the same day or close together where the parties and funding arrangements allow. See selling your home and buying another.
- Coordinate the lenders. Obtain the sale conditions for an existing mortgage early; see selling mortgaged property. Ask whether mortgaging the next family home will also require an assessment of the children’s interests.
- Agree declared-residence deadlines. Children’s address declarations are usually updated on moving. Record the date agreed with the buyer; our residence-declaration guide explains the distinction between registry details and occupation.
What happens if the notary refuses, and what does it cost?
If the proposed arrangement does not adequately protect the child, the notary refuses to authenticate it. Ask which evidence or safeguards are missing. You may apply again after circumstances change, such as signing the next-home agreement. A refusal may also be challenged in court under Code of Civil Procedure Article 511; ask a lawyer about the grounds and deadlines.
Although the former court-permission procedure was free, the notarial service is chargeable under the official fee schedule. Under item 7 of Government Resolution No. 498, a notary may add 0.03% of the relevant value, with a minimum of €20 and maximum of €250, excluding VAT, where the transaction carries a percentage fee.
The parties agree who pays. Our notary-fee guide explains the standard fee and related registration costs.
When is help useful?
Coordinating the buyer, notary, lenders and next seller can become difficult when deadlines depend on each other. Elevare’s PREMIUM package includes document checks, preparation and coordination through the notarial transaction and handover. The notary remains responsible for assessing the child’s interests; a lawyer can advise on an individual legal dispute.
Frequently asked questions
Do parents need court permission to sell a family home in Lithuania in 2026?
Generally, no. Since 1 January 2023, the notary assesses children’s interests when parents sell the family home or enter a covered notarised transaction involving a child’s property. For a family-home sale, the notary must be satisfied that the child will not be left without housing. Advance court permission remains necessary in other situations, including a guardian’s sale of a ward’s real property.
Can we sell an apartment if our child owns a share?
Yes, subject to the safeguards for the child. The parents act on the child’s behalf, and the notary requires evidence that the transaction serves the child’s interests. Explain what will happen to the child’s part of the sale proceeds, for example whether the child will own a share in the next home. The notary assesses the proposed arrangement individually.
Must we buy the next home before selling?
Not necessarily. The notary needs evidence that the children will have suitable housing after the sale. A preliminary agreement for the next home, a lender’s decision or another suitable home already owned by the family may help. Discuss your plan before committing to the buyer; no single document guarantees acceptance.
How long does the notary’s assessment take?
There is no single statutory deadline covering the whole assessment. Where relevant entries in Lithuania’s Social Support for Families Information System require the notary to contact the child-rights authority, the authority must provide information within five working days. That is not a five-day guarantee for completing the sale. Start gathering evidence early.
What if the notary refuses to authenticate the sale?
Ask which evidence or safeguards are missing. If circumstances change or you provide further evidence, you may apply again. A refusal can also be challenged in court under Article 511 of Lithuania’s Code of Civil Procedure. Take advice from a lawyer on the grounds and deadlines.
Must children’s declared addresses be changed before the sale?
Families often still occupy the home on the sale date, so the children’s declared residence is usually updated when they move. Agree a deadline with the buyer and record it in the contract. Declared residence helps establish the facts, but the family-home assessment also concerns where the family actually lives.
What is the additional notary fee for a transaction involving a family home or child’s property?
Under item 7 of the official notary fee schedule, the notary may add 0.03% of the relevant value where a percentage fee applies, with a minimum of €20 and maximum of €250, excluding VAT. Ask the notary for an itemised quote for the actual transaction.
Does a guardian still need court permission?
Yes. Civil Code Article 3.244(3) requires advance court permission for a guardian to sell or otherwise transfer a ward’s real property. The 2023 change to parents’ transactions did not remove this separate safeguard. Discuss the procedure before promising a completion date.