Sole Ownership. Irrespective of your marital status you may choose to buy the property in your sole name.

In most countries marital laws specify that assets acquired during the marriage are jointly held by both spouses, irrespective of by whom they may have been purchased. The position in Armenia is generally no different. In the case of a married couple, the civil law acts as though the property were in joint ownership on an equal basis (50-50), unless there were specific provisions to the contrary in the marriage contract. Thus, it does not make a difference (also from the point of view of taxation) whether you buy the property in joint names or in your sole name. 

Armenian law does not recognize "common law  marriages." If you live together but are not married, Armenian law grants no automatic rights of permanent occupation or ownership to your partner. In the absence of a will, the latter will not have any inheritance rights either. 

A single person who buys a property in Armenia and subsequently gets married, may enter into a marriage contract, in which the spouses can stipulate that the property is brought within the terms of the marriage contract. 

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Joint Ownership. Joint ownership exists when the property is purchased by two or more persons, with each one holding a stake in the property in whatever terms that may be decided between them. In the case of a couple this would normally be in equal shares but, where there are more than two purchasers, it may be in proportion to the amount each person contributed in financing the purchase e.g. 70% / 20% / 10%. In common law the equivalent is the ‘tenancy in common’.

All the owners are entitled to participate in decisions concerning the property. The law requires decisions concerning the property to be made unanimously. One or several owners can demand that the property be sold, unless it is possible for their shares to be physically separated or the other owners are willing to buy these shares. If no agreement can be reached it would be necessary to apply to the court for an order to be obtained authorizing the sale of the property.

One of the owners can also dispose by way of sale or gift the part of the property he/she owns. In case of sale of their part of the property they are obliged to grant a right of preemption to existing owners. This rule does not apply where disposal is by way of gift or inheritance. Other owners have one month to exercise their preemption rights. 

Company Ownership. It is possible to buy property in Armenia using a local or foreign limited company that has a distinct legal identity from that of its shareholders,

The main reasons for owning Armenian property through a company are:

• To allow purchase of the property by multiple persons;
• To provide stability and continuity in the ownership and management of family property;
• To facilitate the transfer and ownership of property;
• To avoid the constraints of inheritance laws;
• To create tax advantages;
• To protect the family home from business creditors.

 There may also be fiscal disadvantages, notably in relation to withholding taxes and capital gains tax.

Offer to Buy. In Armenia, verbal offers/agreements to buy real property are not valid and enforceable. Even a written agreement is not enforceable, unless it is authenticated by a notary or a Cadastre official. Thus, standard forms of contracts used by real estate agencies are not enforceable. It is therefore not advisable to make any payments (deposit etc.) at this stage. 

That being said, it may be useful to prepare a formal written offer to show the seriousness of your intentions and to clarify the terms of the sale, such as payment structure, the amount of earnest money deposit, the seller's obligation to pay any outstanding utility bills and taxes, the costs of the transaction, contingencies etc. 

Foreign buyers risk paying an inflated price for property. A valuation report can help the buyer to understand the "right" price to pay for a building or land, especially one requiring renovation. Appraisals are done by many licensed agencies with qualified staff. Although the appraisal report is not a "survey report" the appraiser can still evaluate the wear and tear to adjust the value and may provide some useful information about the condition of the property. The appraisal is generally done by comparing selling prices of similar property (sales comparison approach), the estimated cost of buying similar land and constructing a similar building (cost approach), the annual rental income which can be expected in return (income approach).

Armenian law does not require the seller to order any surveys. While there is no building surveying profession in Armenia, you may choose to use a local architect, engineer or builder (electrician, plumber, etc.) to undertake the job. A good survey is the best way of minimizing risks attached to buying a property, and can be used in price negotiations. 

It is also advisable to measure the property (land in particular) as the area shown on cadastral documents may not be entirley accurate or the boundaries may not be clearly shown. 

The clean title certificate (in Armenian - միասնական տեղեկանք) is issued by the Cadastre and shows the registered ownership as well as other rights and encumbrances over the property, including liens, mortgages, tenancies, easements etc. It is the most important document in the due diligence process and, in many cases, the single document on which the buyers rely. The certificate is valid for 15 business days during which the agreement (preliminary and/or final) must be executed. If the 15-day period lapses a new certificate will have to be obtained. An application for a clean title certificate can be filed by the seller, the buyer or any other interested party. 

The existence of other interests in the property, such as easements, rights of heirs etc., cannot always be entirely verified by the clean title certificate. There may be persons who have a right of prior acquisition, or preemption, on the sale of a property. There may also be unauthorized alterations or additions carried out to the property that have not been declared to the planning authority. If building land, the certificate merely states that the land is zoned for construction; it will subsequently be necessary to obtain full planning consent (building permit).

A preliminary agreement does not transfer the property, but specifies a future date or period during which the property will be transferred, and may set out the conditions (contingencies) which must be satisfied before closing occurs. Signing a preliminary agreement is not a mandatory step and you may proceed to closing the sale directly. However, having a preliminary agreement may be useful if you are not ready to close the sale immediately but want to secure the property and have a legally binding agreement.

A preliminary agreement may become necessary if the final sale is dependent on contingencies, such as:

• Securing a mortgage or other financing;
• Clearing the property from liens;
• Carrying out an appraisal;
• Obtaining other documents/permits, such as the consent of the guardianship (municipal) authority if one of the sellers is a minor.

A preliminary agreement must be notarized to be legally enforceable. Although preliminary agreements are generally not formally registered it is advisable to file a copy with the Cadastre to minimize the possibility of the seller breaching the contract by selling the property to a third party.

Typically, at this stage the buyer will pay a deposit to the seller. The amount of the deposit may vary a lot and shall be agreed upon by the parties.

A preliminary agreement is a mutually binding instrument. Once it is validly signed, neither party may walk away from the deal, unless one or more of the contingencies is not met. If either party fails to observe the agreement's terms, the other party will have a range of legal remedies open to him. As a minimum, a defaulting buyer risks his deposit. It is common to stipulate that a defaulting seller must pay double the amount of the deposit as a penalty. Unless otherwise stipulated, a court may order specific performance to compel the parties to complete the transfer. 

The final sale and purchase agreement must be executed in the presence of a notary. Although the most basic agreements can also be authenticated directly by a cadastral officer a notary will be required if the agreement has to be customized or if one of the parties does not speak Armenian. The notary has the legal obligation to provide you with information on the nature and implications of the agreement you are signing. The notary will need to be satisfied as to the identity of the parties and their legal capacity to proceed with the transaction. The passports and marriage certificates of all signatories will be required. If the seller is a minor or elderly or handicapped they may be under the protection of a court or guardian, in which case the approval of court of law or guardian will be sought before the sale can be concluded. If the seller is married then the notary will wish to be satisfied that the spouse agrees to the sale.

Each notary will have his/her own agreement template and these templates may vary in detail. It is necessary to ensure that all the important clauses are included in the agreement. Normally, agreements are in Armenian language only and the translation is done verbally by reading the agreement to the buyer. 

The sale and purchase contract must be the final and comprehensive agreement because the parties will have only 30 days to have it registered at the Cadastre. If there are conditions that still have to be fulfilled it is better to sign a preliminary agreement. There are no "cooling-off" rules in Armenian law. Once signed, the agreement becomes effective and the parties may not withdraw from the contract.

If you are buying any fixtures or fittings as part of the purchase of the property, then you should arrange for an inventory to be prepared.

After the final sale and purchase agreement is executed the buyer has 30 business days to register his/her ownership rights with the Cadastre. Failure to register these rights within the 30-day period will result in invalidation of the sale and purchase agreement. The buyer will have to submit an original copy of the sale and purchase agreement and a notarized translation of the passport. A notarized power of attorney will be required if the registration is done through a representative of the buyer. The registration process can take from a few hours to a few days, depending on whether you pay the fast-track service fees. An ownership certificate will be issued with basic details about the property and the new owner. 

Intestate Inheritance. In the absence of a will the law stipulates an order of inheritance, as follows:

1. Spouse, children and parents;
2. Brothers and sisters;
3. Grandparents; 
4. Uncles and aunts.

Each order of inheritors excludes the following inheritors, and those in the same order share the inheritance equally between them. Accordingly, those beyond the first order of inheritance will only inherit if there are no spouse, children and parents. Thus, if you die leaving a surviving spouse, two parents and two children, each of them will receive 1/5 of your estate. It is possible to increase the rights of the surviving spouse or the children but this requires some inheritance planning.

Spouse. The surviving spouse is not specifically protected under Armenian inheritance law. This is because the law has traditionally considered that the estate of the deceased belongs to the whole family, rather than any single member of it. That being said, only that part of the estate belonging to the deceased is subject to inheritance laws, so a surviving spouse will normally retain ownership of at least 50% of their jointly held assets. If, at the time of death, the couple were separated, but not divorced, the surviving partner retains rights of inheritance, as if they were still a married couple. 

If the marriage was not registered, the surviving partner will have no rights of inheritance of the estate of the deceased. As between one another those living in free union are legal strangers, with no inheritance rights between them.

Children. Children of the couple born outside of the marriage benefit from the same rights as those of the children from within the marriage, as do children of the deceased born with another partner. Adopted children of the couple benefit from the same rights as natural children, but they are excluded from any rights of inheritance from their natural parents. 
The grand-children receive no entitlement, unless one of the children of the deceased is themselves deceased. In which case, they step into the shoes of their deceased parent.

Testamentary Freedom.  Under Armenian law you can freely dispose of your estate and you may choose to disinherit your spouse, children and parents by making a will or a gift. However, they may still claim 50% of the value of the property that they would be entitled to in the absence of a will if:

1. They are aged under 18 or above 60;
2. They are disabled or legally incapable.

The will must be made in writing and notarized. Failure to notarize the will makes it invalid. 

Inheritance Planning. If you want to have some control over your estate on your death, then you need to undertake some inheritance planning:

• Increase the proportion of an heir's share by making a will;
• Make gifts during your lifetime;
• Buy the property through a limited company;
• Take a life insurance policy.

Taxes. Inheritance and gifts are not taxed in Armenia. However, the disposition of property may still be taxable in the country where the heir has his/her tax residence, unless there is a double tax treaty between Armenia and that country.

Accepting the Inheritance. The heirs have 6 months following the death to accept the inheritance by making a notarized declaration. The notary will establish the list of beneficiaries, verify if a will exists, undertake the division of the estate, and issue inheritance certificates to the inheritors. 

Executor. You may appoint a lawyer or another person to act as the executor. The executor shall take measures for the maintenance and management of the estate, inform the heirs and other beneficiaries of the will, pay and collect debts, represent the estate in courts, ensure that the estate is distributed in accordance with the will, assist with the interpretation of the will, report to the heirs, work with the notary etc.

After your residence permit application is approved you will get a residence card in 10 business days if you pay the regular fee of GEL 30 (US$12). However, it is possible to speed up the process if you pay a fast-track service fee:

Please contact us for an estimate of the total budget for your case

Please contact us for an estimate of the total budget for your case

Please contact us for an estimate of the total budget for your case

Please contact us for an estimate of the total budget for your case

Joint Decree of the Minister of Finance and the Minister of Justice No. 991 of Dec. 31, 2010, available at https://matsne.gov.ge/ka/document/view/1168318?publication=0 (in Georgian).

Law on Citizenship, available at https://matsne.gov.ge/en/document/view/2342552?publication=4 (in English).

If the overstay is less than 3 months the amount of the fine is GEL 180 (around US$ 71). A longer overstay is punishable by a fine of GEL 360 (around US$ 142).