Real Estate Sales When There Are Minors in the Family (2025)

Recent Changes

What Has Changed? Until the end of 2022, selling the family’s only home or other property significant to a child required applying to the court for permission.

Since January 1, 2023, this function has been taken over by notaries – they assess whether the planned transaction will not violate the child’s right to adequate living conditions and decide whether to permit (or prohibit) the transaction.

How Much Does It Cost?

In the past, obtaining court approval was free, but now notaries apply an additional fee for the equivalent procedure – around 20–250 €, priklausomai nuo parduodamo turto vertės.

When a Notary’s Permission Is Needed

Notary approval is needed when the property for sale is regarded as the family residence – typically, this is a home where the parents’ and children’s addresses are officially registered.

If the family owns multiple properties and the one being sold is not the main residence, approval may not be required – however, the notary will still assess where the child will live after the transaction.

Notary Visit: What to Prepare

Prior to visiting a notary, you must present evidence that following the sale, the minor child and at least one parent will have suitable accommodation. Examples include:

• Preliminary contract for buying and selling another property;

• Current rental agreement (if temporary tenancy is intended);

• Official residence declaration at a relative’s address.

It is crucial that the documents clearly show the family’s future address.

Tax Considerations (PIT)

If you’ve owned the property for under 10 yearsbut have been registered as living there for at least 2 years, make sure to plan your steps carefully to retain the PIT exemption.

Avoid changing your registered address prematurely; make sure all required steps are completed first.

To be safe, seek advice from a real estate agent or notary – this helps prevent extra charges and ensures all documents are handled correctly and in a timely manner.