Does a lifelong maintenance contract have to be made at a notary? Yes, as a notarial deed. The notary must read the contract and warn the recipient that the property does not form part of the estate and cannot be used to satisfy forced heirs; without this the contract is not valid.
A flat in exchange for care until the end of someone's life is arranged in Montenegro with a lifelong maintenance contract (ugovor o doživotnom izdržavanju), and it raises many questions. Local searches show them: "ugovor o doživotnom izdržavanju" (lifelong maintenance contract) is followed by "porez" (tax), "primer" (example), "i nužni deo" (and the forced share), "zakon" (law), "cena" (price) and "obrazac" (template), "doživotno izdržavanje" (lifelong maintenance) by "za stan" (for a flat) and "u zamenu za stan" (in exchange for a flat), and "ugovor o doživotnom izdržavanju porez" by "koliki je porez na ugovor o dozivotnom izdrzavanju" (how much tax is due on a lifelong maintenance contract).
This article explains what the contract covers, why it is not valid without a notarial deed, when the flat passes to the carer, who pays tax and when, how the contract is terminated and when the legal heirs can challenge it.
What a lifelong maintenance contract is
The Law on Obligations defines it like this: one party, the provider of maintenance, undertakes to maintain the other party or a third person, the recipient of maintenance, until death, and the other party gives them all or part of their property in return. The acquisition is deferred until the moment of the recipient's death.
- The contract can only cover things and rights that exist when it is concluded.
- Unless agreed otherwise, maintenance in particular covers housing, food, clothing and footwear, care in illness and old age, medical costs and payments for everyday needs.
- Maintenance can be agreed for two or more people, for example a married couple, and each has a separate right to the agreed payments and services.
- If maintenance is agreed in favour of a third person, the provider acquires ownership on the death of their contracting partner, unless the contract says that ownership passes on the death of the third person.
Form: only a notarial deed
Under the Law on Notaries, lifelong maintenance contracts are made in the form of a notarial deed, and a contract not made in that form has no legal effect. The Law on Obligations adds that the notary must first read the contract to the parties and in particular warn the recipient that the property covered by the contract does not form part of their estate and cannot be used to satisfy forced heirs. The notary confirms on the contract itself that this was done; a contract made in breach of this is void.
The contract is also void if the provider is a person who cares for the recipient as part of their profession or business, for example medical staff, a hospital or an agency, unless the competent guardianship authority gave its consent beforehand.
What happens to the flat while the recipient is alive
The recipient remains registered as the owner; the provider acquires the flat only on the recipient's death. The provider may secure their right under the contract by registration in a public register, which for real estate is the cadastre. The recipient's claims cannot be transferred to anyone else.
How to read what is registered on a flat is explained in our article on the title extract.
Terminating the contract
| Situation | What the law allows |
| Both parties agree | Termination by agreement, even after performance has begun |
| They live together and relations have broken down so much that living together is unbearable | Either party may ask a court to terminate |
| One party does not perform its obligations | The other party may ask for termination |
| Circumstances have changed so that performance has become much harder | A court may rearrange the relationship, terminate the contract or convert the recipient's right into a life annuity |
On termination, each party keeps the right to claim from the other the compensation due under the general rules of property law.
If the provider dies first
After the provider's death, their obligations pass to their spouse or same-sex life partner and to the descendants called to inherit, if they agree. If they do not agree, the contract is terminated and they cannot claim compensation for maintenance given earlier. If they are unable to take over the obligations, they may claim compensation from the recipient, which a court sets at its discretion, taking into account the financial situation of both sides.
The legal heirs: when they can challenge the contract
The property under the contract does not form part of the estate, so forced heirs have no claim to it. The recipient's legal heirs may, however, ask a court to annul the contract if, because of the recipient's illness or age, the contract involved no uncertainty at all for the provider.
- The deadline is one year from learning of the contract, and at the latest three years from the recipient's death.
- The one-year period cannot start running before the recipient's death.
How this contract differs from a gift and from inheritance:
| Question | Lifelong maintenance | Gift | Inheritance |
| When ownership passes | On the recipient's death | During life, on registration in the cadastre | On the deceased's death, with registration after the inheritance decision |
| Form | Notarial deed | Notarial deed | Probate at a notary |
| Forced heirs | The property is not part of the estate | Gifts are added, under statutory conditions, to the value of the estate when the forced share is calculated | The forced share is calculated from the estate |
The rules on gifts are covered in our article on gifting property, and on inheritance in our article on inheritance and probate.
Tax and notary fees
Transfer tax. The provider, as the acquirer of the property, is liable, and the tax liability arises on the day of the recipient's death. The provider files the tax return within 15 days of the liability arising. No tax is paid by a provider who is a first-order heir of the recipient, for example a child or spouse. Others pay at 3% up to 150,000 €, then 4,500 € + 5% on the amount above 150,000 €, on the market value: for a flat worth 90,000 € that is 2,700 €. More on the calculation is in our article on property transfer tax.
Notary. The 2026 tariff has no separate item for this contract, so the fee for the notarial deed is calculated under tariff number 1, according to the value of the subject matter: for a flat worth 90,000 € it is 480 €, plus VAT.
A short checklist before signing
| Check | Why |
| That the form is a notarial deed | Without it the contract has no legal effect |
| What exactly the maintenance covers | The law gives a framework, the contract sets the scope |
| Which properties the contract covers | Only those that exist when it is concluded |
| Registration of the provider's right in the cadastre | This is how the provider secures their right |
| Who continues the maintenance if the provider dies | The spouse or partner and descendants, only if they agree |
| Whether the provider is a first-order heir | Transfer tax depends on it |
If the flat is sold afterwards, the process is covered in our guide to selling an apartment, and you can post a listing in our real estate category.
Frequently asked questions
When does the provider of maintenance become the owner of the flat? On the recipient's death. Until then the recipient is the owner, and the provider can secure their right by registration in the cadastre.
Who pays the tax, and when? The provider, and the liability arises on the day of the recipient's death; the return is filed within 15 days. A provider who is a first-order heir of the recipient, for example a child or spouse, pays no transfer tax.
Can the heirs challenge a lifelong maintenance contract? The legal heirs can ask for annulment if, because of the recipient's illness or age, the contract involved no uncertainty at all for the provider. The deadline is one year from learning of the contract, and at the latest three years from the recipient's death.
Can the contract be terminated? Yes, by agreement, or by a court if the parties live together and relations are unbearable, if one party does not perform its obligations or if circumstances have changed significantly.
What if the provider dies before the recipient? The obligations pass to the provider's spouse or partner and to the descendants called to inherit, if they agree. If they do not, the contract is terminated without compensation for maintenance given earlier.
Sources
The definition, form, termination, the heirs' rights and the provider's death are governed by the Law on Obligations (Official Gazette of Montenegro 47/2008, articles 1075 to 1086, with the amendment to articles 1085 and 1086 in Official Gazette of Montenegro 123/2024). The mandatory notarial deed comes from article 52 of the Law on Notaries, and the calculation of the forced share from article 30 of the Law on Inheritance. The tax is governed by the Law on Real Estate Transfer Tax (articles 8, 11, 12, 15 and 16), and notary fees by the Tariff on Fees and Expenses of Notaries (Official Gazette of Montenegro 49/2026, tariff number 1). Fijaka is a listings platform and does not give legal advice; for a specific contract, consult a notary or a lawyer.