Frequent questions

Do I need spousal or partner consent to sell my property in Montenegro?

Quick Answer:

Yes, if you're married or in a registered partnership, you typically need your spouse's or partner's written consent to sell property in Montenegro, even if the property is registered solely in your name. This protects both parties' interests under matrimonial property rules. Your notary will confirm the specific requirements for your situation.

Yes. Under Montenegrin family and property law, a property that constitutes part of the marital or common-law partnership assets cannot be sold without the written consent of the spouse or partner—even if the property is registered solely in one name.  

The notary must verify this consent before certifying the sale.  

Key scenarios:

  • Married couples: If the property was acquired during the marriage, the spouse must appear before the notary or issue a notarised Statement of Consent authorising the sale
  • Common-law (de facto) partners: Relationships recognised as long-term cohabitation with shared assets are treated similarly; the partner's written consent is required  
  • Divorced couples: If the property formed part of the former marital estate, the ex-spouse's consent is still required unless a court ruling or notarised settlement proves full ownership transfer to one party  
  • New partners: If the seller has remarried or is in a new registered partnership, their new spouse or partner must also give consent if the property is now part of the new joint estate  

The required documents—marriage certificate, divorce decree, or court settlement—must be notarised, apostilled (if issued abroad), and translated into Montenegrin by a court-certified translator.  Remote sellers can include spousal or partner consent within their Power of Attorney, or provide it as a separate notarised statement.

Sources:

Law on Family Relations; Law on Property and Ownership; notarial practice; NT Realty transaction experience

Contact

Get in touch

We’d be happy to talk through your plans — whether you’re curious about the market, ready to view, or thinking of selling. Contact us on WhatsApp, or email us if you prefer. We’ll work the way that suits you.

info@ntrealty.me

+382 67 268 805

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