Marital property includes all assets acquired by the spouses during the course of the marriage, as well as income generated from such assets (rent, dividends, interest), and is divided equally between the spouses. It is not relevant whether one of the spouses was employed or not, as the court considers that the unemployed spouse also contributed to the marriage in other ways.
The procedure for the division of marital property is as follows:
- Filing a lawsuit for the determination of marital property – a civil proceeding is initiated before the competent court to determine all assets acquired during the marriage,
- After this judgment becomes final, a non-contentious division procedure is initiated – the assets are divided equally. If the property in question is real estate, it is divided into two independent parts if possible. If such division is not feasible, the property is sold through the court.
- Enforcement procedure where the forced sale of property is carried out through the court – public auction, and the proceeds are divided equally between the spouses.
It is important to note that the right to marital property does not become time-barred. Even after the death of the former spouse, the probate procedure can be suspended, and you will be referred to a civil procedure in which you will prove the existence of marital property, after which the probate proceedings continue.
If real estate acquired during the marriage is registered in the land registry under only one spouse’s name, the other spouse may request a correction of the registration in the land register, in accordance with the Law on Land Registers of the Federation of Bosnia and Herzegovina.
Separate Property of Spouses
Clients often ask us what is considered separate property of spouses – i.e., what is excluded from marital property and is not subject to division.
Separate property includes:
- All property a person owned before the marriage,
- All property a person inherited before or after the marriage,
- Gifts from third parties – if it can be proven that the donor intended the gift for only one of the spouses.
