Joint finances in a relationship: when legal clarity becomes essential?
Financial disagreements are among the most common sources of conflict in relationships. However, in practice we see that the biggest problems arise not when couples disagree about spending, but when financial decisions are made without a clear legal framework.
In a recent article published by 15min, Prevence family law attorney Gabrielė Šinkonė commented on a situation we frequently encounter in practice – buying property or saving money together before marriage.
When purchasing a home with a mortgage before getting married, couples often rely on mutual trust. From a legal perspective, however, this situation is significantly more complex than it is within marriage. Until a marriage is registered, the presumption of joint marital property does not apply, meaning each person’s rights to the property will depend on whether their financial contribution can later be proven.
📌 For example:
🔹 Both partners should be listed as buyers in the real estate purchase agreement. If the property is acquired with a mortgage and both partners are co-borrowers, the property is typically owned as shared partial ownership, usually with each person holding a 50% share. If the property is purchased without a loan, it is advisable to evaluate each partner’s financial contribution and reflect the corresponding ownership shares in the purchase agreement.
🔹 All payments should be made via bank transfers rather than cash. This includes the down payment, monthly mortgage instalments, renovation costs, and other related expenses.
🔹 Payment references should clearly specify the purpose of the transfer, for example:
“mortgage payment for property X”, “renovation works for property X”, or “down payment for property X”.
Vague or neutral descriptions such as “family expenses” or “account top-up” can significantly complicate proving financial contributions later.
🔹 If one partner contributed more financially, but there are no supporting documents, those contributions may remain only verbal claims. In court practice, this often leads to complex disputes regarding compensation or unjust enrichment.
Particular attention should also be paid to mortgage payments after marriage. If spouses agree on a full separation of property regime, it is important to determine who will continue paying the mortgage and how that may affect future compensation claims. In practice, situations arise where only one spouse pays the mortgage. Although this does not automatically increase their ownership share, they may still have the right to claim compensation for covering joint housing expenses from personal funds – provided this is properly documented.
📖 Read more about joint bank accounts and financial decisions in relationships in the 15min article:
https://www.15min.lt/verslas/naujiena/finansai/bendra-saskaita-banko-atstove-pasake-kokioms-poroms-jos-geriau-netureti-662-2635278
💡 If you are planning to buy property together, make joint investments, or already live together, it may be worth considering a prenuptial or postnuptial agreement to clearly define property rights and financial responsibilities.
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