According to her, not automatically. However, the fact that the house was gifted to the husband and registered only in his name does not mean that the wife’s contribution is legally insignificant.
“There may be grounds to demand recognition of the property as joint or to seek compensation. These are different legal remedies that require different justifications,” emphasized R. Joskaudienė.
1. A gifted house is initially personal property. However, its legal regime can change
According to Article 3.89, Part 1, Point 1 of the Civil Code (CC), property acquired separately before marriage is considered the personal property of the spouse. Therefore, based on the acquisition basis indicated by the reader, the house initially belonged to the husband. Simply getting married or living in the house for a long time does not automatically make this property joint.
However, Article 3.90, Part 1 of the CC allows the court to recognize personal property as joint marital property if it is proven that during the marriage it was substantially improved with joint funds of the spouses or with the funds or labor of the other spouse.
Therefore, according to R. Joskaudienė, the wife’s non-registration in joint ownership does not prevent making such a claim. However, it is not enough to just say: “We lived together and both contributed.” The conditions set by law must be substantiated.
2. What does “substantially improved” mean? Not every repair entitles one to a share of the house
As the lawyer stated, what is evaluated is what specifically changed: the condition of the building, structures, equipment, usability, and value. The law does not have a universal percentage threshold at which the house automatically becomes joint property.
“Even the term ‘major repair’ does not eliminate the need to assess the actual scale and result of the work. It is also important to distinguish the increase in value due to the work performed from the general rise in real estate prices,” explained R. Joskaudienė.
A very close practical example is the Supreme Court of Lithuania (LAT) ruling of November 22, 2018, in civil case No. e3K-3-449-687/2018. The husband was gifted a garden house and an outbuilding before marriage.
According to the lawyer, after reconstruction, the buildings were combined, adapted for permanent living, heating, water supply, sewage were installed, and other works were done. The Supreme Court of Lithuania agreed with the conclusion that the buildings were substantially improved during the marriage with joint funds, so there was a basis to recognize them as joint marital property. However, it also emphasized that substantial improvement of the buildings does not automatically mean that the land plot became joint. Its legal status must be assessed separately.
A different situation is revealed by the LAT ruling of February 26, 2026, in civil case No. e3K-3-2-781/2026. The dispute concerned a house belonging to the husband before marriage, in which various installation and improvement works were carried out. No substantial improvement was established, so the house was not recognized as joint. However, LAT indicated that the issue of compensation, including the use of joint funds, must be properly examined. The lack of grounds to obtain ownership share does not mean there is no basis for a monetary claim.
3. In this situation, it is especially important: 18 years together is not the same as 18 years married
According to the description provided, the couple lived together unmarried for about 11 years and were married for 7 years. Therefore, one of the first questions would be: when was the main renovation done? If the house was substantially reconstructed before the wedding, these works cannot simply be attributed to improvements made during the marriage and the entire period cannot be applied under Article 3.90, Part 1 of the CC.
“Contributions made before marriage do not become insignificant because of this, but their legal evaluation is different. The norms regulating joint activity – Articles 6.969–6.971 of the CC – may apply. It is assessed whether there was a joint agreement and intention to create joint property, whether it included the disputed house specifically, and what each person contributed. LAT emphasized in its June 9, 2022 ruling in civil case No. e3K-3-159-916/2022 that merely living together does not create joint partial ownership. A specific agreement and contributions are significant, not just the duration of the relationship,” emphasized the lawyer.
According to her, if joint ownership is not established, investments made before marriage can be evaluated under Article 6.242 of the CC regarding unjust enrichment, but only after all conditions of this legal remedy are met. This is not an automatic reimbursement of all shared living expenses. LAT also highlighted this distinction in its March 23, 2026 ruling in civil case No. e3K-7-36-943/2026.
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4. “I paid for the repairs from my account” does not necessarily mean “I paid with personal money”
According to the statutory regime of spouses’ property, wages earned during marriage are generally joint marital property – this is established by Article 3.88, Part 1, Point 5 of the CC. Therefore, the mere fact that the husband made transfers to craftsmen from an account opened in his name does not prove that the repairs were financed with his personal property.
“For example, the husband paid for building materials from the salary earned during the marriage, while the wife used her salary for food and other family expenses. Such a distribution of the family budget alone does not justify claiming that the husband improved the house only with personal money. The legal origin of the funds is important, not just the name on the account,” indicated R. Joskaudienė.
5. Compensation is possible even for non-substantial improvement. But how to calculate it?
The LAT extended panel of judges clarified in its March 23, 2026 ruling in civil case No. e3K-7-36-943/2026 that when deciding on compensation, it is necessary to assess the nature of the repair, the time it was done before the end of the marriage, and the useful life of the work’s result. According to the lawyer, only then is it decided whether the expenses are reimbursable or the change in property value caused by the work is compensable. There is no automatic rule of “half the current value of the house” or “we add up all the bills and return them to the wife.”
“It is also important that expenses for ordinary repairs are not categorically non-compensable. Usually, extraordinary expenses are reimbursed, but in exceptional circumstances, ordinary expenses may also be reimbursed, for example, those incurred shortly before the marriage ended. Therefore, the evaluation of long-ago repairs used by both parties for a long time and works done just before separation may differ,” said R. Joskaudienė.
6. Even if the house is recognized as joint, “half” does not necessarily mean half the rooms
If the property is recognized as joint marital property, Article 3.117 of the CC establishes a presumption of equal shares. Deviations from this can be made on grounds established by law. However, first it must be resolved whether the house is joint property at all – the equal shares rule does not automatically turn the husband’s personal house into joint ownership of both.
Moreover, according to Article 3.127, Part 3 of the CC, when dividing property in kind is not possible, it may be awarded to one spouse, with the other receiving monetary compensation.
“Compensation for the share of joint property and compensation for improvement of the other’s personal property are not the same. Debts and mutual compensations are also considered when dividing property, so the final settlement does not necessarily coincide with half the market price of the house,” said R. Joskaudienė.
7. What should this reader collect first?
R. Joskaudienė said she would start with a clear chronology of the renovation: the condition of the house when gifted, what was done before marriage, what after marriage, from which funds it was financed, and what work the reader herself did.
“Important are the gift agreement, current and previous registry data, cadastral measurement files, reconstruction documents, invoices, bank statements, loan agreements, correspondence with craftsmen, photos before and after the work, witness statements. If necessary – property valuation or expertise. Article 177 of the Civil Procedure Code allows relying on various means of proof, so the loss of some receipts does not automatically mean that nothing can be proven anymore. However, according to Article 178 of the CPC, the circumstances supporting the claim must be proven,” she explained.
The lawyer’s practical advice is to clarify these issues before signing an agreement on the consequences of divorce. According to her, formulations like “the house remains with the husband” or “we have no property claims against each other” should not appear in the document without assessing the renovation and possible claims.
“So I would answer the reader: there may be grounds to claim a share of the house or compensation, but based on the description provided, promising half the house is not possible. First, it is necessary to determine when, with whose funds or labor, and to what extent the house was improved.
The registry entry alone does not answer all questions. However, joint life and joint efforts must be substantiated with specific facts in a dispute,” the lawyer added.
