Transferring the house to the child’s name, already during life, is a frequent practice in Romania, used to avoid inheritance problems or to ensure support in old age. However, this decision involves significant legal risks, especially related to the loss of control over the property.
What happens if, after the transfer, the child decides to sell the house or the relationship between the parties deteriorates? A lawyer specializing in such transactions explained to “Adevărul” that there are legal solutions that can provide protection, but they must be chosen and drafted carefully, depending on each specific situation.
The right of residence: you continue to live, but you are no longer the owner
One of the frequently used options is the sale with reservation of the right of habitation. In this case, the property is transferred to the child, but the parent retains the right to live in the property for life.
“This right allows him to use the home and live there together with members of his immediate family. However, the parent is no longer the owner, and the child can alienate the property. The new owner will be obliged to respect the right of residence, but practical difficulties may arise in exercising it”lawyer Andreea Mădălina Saveli explained for “Adevărul”.
Maintenance contract: legal obligations for the beneficiary
Another solution is the sales contract with a maintenance clause. With this type of contract, the child acquires the property, but assumes the obligation to support the parent throughout his life.
Obligations may include financial support, daily care or medical assistance and are expressly set forth in the notarized contract. If they are not respected, the contract can be terminated by the court.
However, in practice, difficulties may arise in proving the non-execution or improper execution of obligations, which can lead to long-lasting litigation. “Before signing such an act, it is important that the concrete situation is carefully analyzed, especially from the point of view of risks. For example, if the parent only retains the right to live in the house, the child can still sell his ownership. In the case of the maintenance contract, situations may arise where the maintenance obligations are not respected or are poorly fulfilled“, said the lawyer.
Risks in case of transfer to married children
An important aspect is the situation in which the property is transferred to a married child. If no clear clauses are provided, the asset may become part of the joint assets and may be subject to division in the event of a divorce.
This situation can generate additional complications and indirectly affect the parent who continues to live in the building.
Donate versus sell
Donation is a simple option from a legal point of view, but it offers the lowest level of protection. In the absence of additional clauses, the parent loses any right to the asset.
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In contrast, sale with clauses (habitation or maintenance) allows for the inclusion of protection mechanisms, but these must be clearly and fully formulated in the contract.
How much does it cost to make a deed of sale with your child for a property
According to the official information consulted by “Adevărul”, the cost of a sale-purchase deed for a property, including when the transaction is between parent and child, is not fixed, but mainly depends on the value of the home.
In Romania, in 2026, there are several main types of taxes that are paid as part of such a transaction: the notary’s fee, the tabulation fee at the ANCPI, the tax due to the state (paid by the seller) and other minor costs, such as the land deed extract or document archiving.
To better understand the level of costs, we can take a few examples. In the case of an apartment valued at approximately 150,000 lei (approximately 30,000 euros), the notary’s fee is around 1,700 lei plus VAT, the registration fee approximately 225 lei, and the tax, if the property has been owned for more than three years, is approximately 1% of the value, i.e. approximately 1,500 lei. Minor taxes of approximately 100 lei are added to these. In total, the costs reach approximately 3,800–4,000 lei.
For a more valuable property, for example around 350,000 lei (approximately 70,000 euros), the notary fee can reach around 5,000 lei, the tax varies between 3,500 and 10,500 lei depending on the holding period, and the registration fee is approximately 525 lei. In this case, the total cost of the transaction can reach between 9,000 and 16,000 lei.
In general, a simple rule of thumb is that total taxes represent about 1% to 3% of the property’s value. The percentage is lower, around 1–1.5%, if the home has been held for more than three years, and higher, closer to 2–3%, if the holding period is shorter, as the tax is higher.
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It is important to know that, in the case of a sale, the law does not distinguish between transactions between relatives and those between unrelated persons. So, even if you sell your child’s home, the taxes are the same as any other sale. The differences appear only in the case of donations, where no tax is paid between parents and children.
In practice, the buyer, i.e. in this case the child, usually bears the notary costs and the registration fee, while the seller, i.e. the parent, pays the tax. However, these aspects can be determined by mutual agreement between the parties.
Another important detail is that taxes are calculated at the value established in the notaries’ grid, even if a lower price is entered in the contract. Notary fees are also regulated, so differences between offices are generally small. If the property is mortgaged or involves a loan, additional costs may arise.
In conclusion, for a typical apartment, the total costs are generally between 3,000 and 5,000 lei for a cheaper property and between 10,000 and 20,000 lei for one of average value. Even when the transaction is between parent and child, the costs remain the same as in any standard sale.
