The division of joint property is one of the key issues in divorce negotiations, the termination of an extramarital union or the divorce proceedings themselves. If there is an agreement of the spouses, the property can be divided by agreement, in the divorce procedure. However, when there is disagreement on how the property should be divided, as well as whether the property is joint or separate, a separate litigation procedure should be conducted for the division of property. Property law is generally complex in terms of estimating the value of property and proving, so it is necessary to have a lawyer as a representative in such proceedings.
Our attorneys assist their clients in the following procedures regarding the division of spouses’ property:
What is the joint property of the spouses?
Joint property of spouses or extramarital partners is property acquired by work, during the marriage or extramarital union. This property is subject of division. It is the property that the spouses acquired/earned together. Work in the sense of the Serbian Family law does not only mean performing professional activities, but also taking care of children, taking care of the house, preparing meals, etc.
What is the special property of the spouses?
The special property of the spouses or extramarital partners is the property that the spouse acquired before entering into the marital union, but also the property of the spouse that he acquired during the marital union with each unencumbered acquisition. An unencumbered acquisition is any type of acquisition of property that the spouse has not paid for. The most common forms of acquiring property in this way are when one spouse received certain property as a gift or through inheritance. When dividing property, such special property of the spouses should be excluded from the property division procedure.