Judicial division of assets
When the spouses cannot agree on how they will divide the joint property, that is, when there are no conditions for concluding an agreement on the division of property, the division of property is carried out by the court in civil proceedings based on the filed lawsuit.
The shares of the spouses in the joint property are equal (each spouse has 50%) and this is a legal assumption.
However, each spouse has the right to overturn this assumption, that is, to demand a different division. In that case, the burden of proof is on the spouse who proves that his share is greater than the share of the other spouse. Please note that the share in joint property does not depend only on material income, but also on childcare, household chores, property care, considering all circumstances that are important for maintaining or increasing the value of joint property.
How does the court divide the joint property of the spouses?
The court can divide the joint property in such a way as to turn the regime of joint property into the regime of co-ownership, in the same proportion for all rights and obligations. This rule can only be deviated from if the right in question is economically independent in relation to other rights in joint property and if the spouse, when acquiring that right, also participated with income from his separate property. If, in a specific case, one spouse is granted a larger share in the acquisition only for that right, the other spouse can claim compensation for his or her share.
The right to a claim in money is available to each spouse who, with their contribution, increased the value of the joint property after the end of the joint married life.
What evidence is used in court proceedings for the division of property?
- Written evidence (excerpts from registers, certificates of earnings, employment, contracts, acts of state authorities, etc.)
- Hearings of the parties on the circumstance of contribution to joint property
- Hearings of witnesses on the circumstance of contribution to joint property
- Expertise (economic expertise, construction expertise, etc.)
- Other available evidence
What are privileged assets?
During the division of joint property, at the request of the spouse, there may be a division of privileged assets, which are assigned to the exclusive property of the spouse who is the applicant. These are: things for the spouse’s personal use, things intended for the child, things for performing trades or professions, household items.
How long do property division proceedings take?
Unfortunately, these procedures in Serbia last at least several years on average. Due to this fact, it is a great advantage when the property division can be done by agreement.
Does the right to file a claim for property division expire?
Not. The right to property division does not expire, which means that the procedure can be initiated several years after the divorce itself or the termination of the cohabitation.