July 07, 2024
Introduction
Matrimonial property in Croatia is regulated by the Family Act. This law defines precisely what is considered to be the joint property of the spouses and how this property is divided in the event of divorce. There is no uniform regulation of matrimonial property at the level of the European Union, but each member state has its own laws and regulations. Nevertheless, there are certain similarities and principles that apply in most European countries. For example, in Slovenia, matrimonial property is regulated by the Marriage and Family Relations Act, while in Serbia it is regulated by the Family Act.
Legal definition of matrimonial property
According to the Family Act of the Republic of Croatia, matrimonial property includes all property acquired by the spouses through work during the marital union or that originates from such property. The matrimonial property belongs to the spouses, regardless of which of them contributed to the acquisition of the property.
What property is included in the matrimonial property?
The matrimonial property includes:
- Salaries and other receipts: All income earned by the spouses through work during the marriage.
- Real Estate: Apartments, houses and land purchased or built during marriage.
- Movables: Cars, furniture, and other items purchased during the marriage.
- Savings and investments: Money and investments made during marriage.
- Business shares: Shares in companies acquired during the marriage.
What is considered a marital union and what is not considered a marital union?
A marital union implies a common life of spouses based on mutual respect, trust and support. This includes living together, caring for each other, and participating in all aspects of living together.
A period when the spouses are formally still married but no longer live together or share common obligations and duties is not considered a marital union. Such a period may include situations where the spouses are in the process of divorce or when they have decided to live separately for various reasons.
Examples from case law
Recognized as matrimonial property:
- Apartment purchased during marriage: Regardless of who formally owns the property, an apartment purchased with joint funds or funds earned during the marriage is considered marital property.
- Investments in a joint business: If the spouses jointly invested in a business venture during the marriage, these shares will be considered marital property.
Not recognised as matrimonial property:
- Inheritance and gifts: Property acquired by inheritance or gift from a third party is usually not considered marital property, unless otherwise agreed.
- Property acquired before marriage: Property acquired by one of the spouses before the marriage, if it has not been significantly increased by working together during the marriage, does not form part of the matrimonial property.
Marriage and prenuptial agreement
The property relations of the spouses may be regulated by a marriage or prenuptial agreement. These agreements allow the spouses to define in advance how their property will be divided in the event of divorce, thus avoiding potential disputes and disagreements. You can find out more about this at the link prenuptial agreement lawyer.
If you need a lawyer for a prenuptial agreement or the regulation of property relations with a spouse, feel free to contact us at:
