When a marriage ends, emotions, children and new life are usually the first thing to think about. But there is another critical issue that can cost you thousands of euros if you are not well informed: the division of joint property.
What happens to the apartment you bought together? Who takes the car? How are debts divided? And what about the business you started during your marriage? In Macedonia, property acquired in marriage is usually registered to only one spouse - usually the husband. But this does not mean that that property belongs only to him.
In this guide you will find out exactly what Macedonian law says about the division of property, how it is done, who can get a bigger share and what you can do to protect your rights. Don't let ignorance cost you dearly.
What you can share and what you can't: The boundary you must know
Before you start dividing, you must understand what exactly is the subject of dividing. According to Macedonian law, only the common property is divided - that is, the property that the spouses acquired during the marriage.
This includes: real estate purchased during the marriage (apartments, houses, land), vehicles, savings deposits, stocks, shares in companies, furniture and other movables. Even if only the name of one spouse appears in the documents, this is not an obstacle - the property is considered joint if it was acquired during the marriage.
However, separate property is not divided: property that one spouse had before the marriage, property acquired by inheritance or gift during the marriage, and personal items (clothes, shoes, work equipment) unless they are disproportionately expensive in relation to the total joint property.
This distinction is crucial. If your partner has an apartment that he inherited from his parents during the marriage, that apartment is not included in the division. If you had a car before the marriage and keep it during the marriage, that car remains yours. However, if you sell that car and buy a new one during the marriage, the new one becomes community property.
How is community property managed during marriage?
You might think that when a property is registered in your name, you are free to sell or mortgage it. But the law says something completely different.
Spouses should jointly and agreeably manage and dispose of the joint property. This means that for the sale of joint property, for example an apartment, the consent of both spouses is required. That is why notaries regularly request a statement from the other spouse that he agrees to the sale, even if his name is not on the property deed.
Also, with his share in the joint property before it is determined (that is, before the division), the spouse cannot independently dispose of it. You cannot sell "your half" of the shared apartment until you make a partition and it is determined exactly which part belongs to you.
However, the spouses can agree in writing that the management and disposal of the common property or a part of it will be performed by only one of them. This is useful when, for example, one spouse is a businessman and needs to make quick decisions about the company.
Is it split in half or can one get more?
Here is the most important question: is common property always divided into equal parts? The answer is: in principle yes, but there are exceptions.
The basic rule is that joint property is divided into equal parts - half for one spouse, half for the other spouse. This is a presumption from which the court starts. It doesn't matter who made more money - the law sees marriage as a partnership where both partners contribute, whether it's through work, taking care of the home and children, or otherwise.
However, one spouse can prove that his contribution to the joint property is clearly and significantly greater than the contribution of the other. In that case, the court can determine a larger part of the joint property. But be careful - it's not enough just to say that you were earning more. You need to prove that your contribution is significantly and obviously greater.
For example, if one spouse had huge income from his business and with that money bought several real estates, while the other spouse did not work and did not contribute anything to the acquisition of that property, a greater contribution can be proven. But if one worked and earned, and the other took care of the children and the home, this is not a basis for different parts - both are considered to have contributed equally.
What Happens to Debt: The Hidden Danger Everyone Forgets
A big mistake people make is thinking that division only applies to property. But debts are also shared, and that can seriously change your financial bottom line.
The other spouse is not responsible for the obligations that one spouse had before the marriage, as well as for the personal obligations received after the marriage (example: credit for personal consumption). Those debts remain personal.
However, the spouses are jointly and severally liable for the obligations that one spouse received towards third parties to meet the current needs of the marital union. For example, if a loan was taken out during the marriage to buy an apartment for the family, that debt is shared. The same goes for a car loan for the family, for renovating the shared apartment, for household expenses.
The fact that the debt is in the name of only one spouse does not automatically make it personal - if the money is used for family needs, the debt is shared. And during the division, not only the movable and immovable things are divided, but also the debts. They enter the division table.
This means that if you have a joint property worth 100,000 euros, but also a joint debt of 40,000 euros, in the division everyone gets 50,000 euros of property, but also 20,000 euros of debt. Many people are surprised to realize that they are not getting half of the property, but half of the net worth (property minus debts).
How is the division carried out: Settlement or court?
When it comes time to divide the joint property, you have two options: settlement or court proceedings. Both are possible both during the marriage and after the termination of the marriage (divorce).
Amicable partition is always a better option if possible. Spouses can agree in writing how they will divide the joint property. They can agree that one gets an apartment, and the other gets a car and a savings bank. They may agree that one will pay the other a certain amount to keep all the property. The flexibility is enormous and allows the parties to find a solution that suits their needs.
Judicial partition is done when the parties cannot agree. One of the spouses submits a request to the court, and the court performs the division in a non-litigation procedure. The court first determines what is common property, what is separate property, what the debts are, who contributed how much, and then makes a decision on division.
Important provision: if, during the division of the joint property, it is determined that one of the spouses has a significantly smaller portion, the court may, at the request of one of the spouses, determine that that portion be compensated in money. This is practical when, for example, there is one apartment and it cannot be physically divided - one takes the apartment and the other receives a monetary compensation.
Also, during the division of the joint property and at the request of the spouse, those items from the joint property that serve to perform his activity will primarily be included in his share. If one spouse is a doctor and has medical equipment, that equipment will belong to him. This is logical and helps spouses move on with their lives after divorce.
Dividing property after a divorce or during a marriage is not a simple mathematical task. It involves legal, emotional and practical issues that require careful consideration. The basic rule is that joint property is divided in half, but there are many nuances: which property is subject to division, how debts are treated, whether someone gets a larger share, how practical issues are resolved.
If you are facing a divorce or thinking about dividing property, it is best to consult a lawyer specializing in family law before taking any steps. A well-structured settlement can save you months or years of legal proceedings, thousands of euros in costs and enormous stress. But to negotiate effectively, you must know your rights.
Remember: what is written in the title deed is not the final truth about what belongs to you. The law protects the rights of both spouses to joint property, regardless of whose name is on the paper. Be informed, seek legal help promptly and don't let ignorance cost you what is rightfully yours.
