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:
Agreement on division of property
If spouses can agree on division of property during divorce or in situations when spouses want to divide their property during the marriage, this can be done by drawing up an appropriate agreement on division of joint property which has the force of an executive document.
A prenuptial agreement is an agreement between future or current spouses which excludes the regime of legal joint property and regulates their property relations regarding current or future property according to their wish. Our lawyers can help you make a decision regarding the choice of regime to apply with your partner.
Assessment of property
In all property division proceedings, it is necessary to assess in detail the size of the property and the contributions of the spouses in the first place. Our law firm pays special attention to high-value items when the division includes high-value real estate and ownership of companies. Before starting the procedure, we try to investigate in detail all the possibilities and possible obstacles for the client.
Judicial division of property
In litigation for the division of property, we represent clients in order to exercise the right to receive an adequate part of the joint property in accordance with the contribution in the marital or extramarital union.
As we have stated, one of the basic issues in divorce is the division of property. We may represent clients in matrimonial property division agreements or in litigation, in order for them to be able to exercise their property rights.
Spouses inherit from each other according to legal inheritance. Therefore, it is important, in situations when there are no joint children, to adequately exclude the joint property of the spouses when defining the size of the All that because the testator’s spouse may, in addition to his hereditary share, also enjoy his share in the joint, marital property. Also, it often happens that in extramarital unions, the joint property is not divided, so the heirs of the deceased spouse can file a lawsuit for the division of property in order to exercise their right to inheritance.
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.