Real estate in case of separation and divorce in Serbia (co-ownership)

The procedure for sharing common property is a voluntary jurisdiction procedure and is carried out by the court.

This applies to common property belonging to spouses and heirs.

Which court is responsible for carrying out the partition procedure?

In this procedure, the court decides on the sharing or type of sharing of the co-ownership. The territorial jurisdiction of the court in each specific case depends on the location of the property and is governed by the provisions of the Serbian law on voluntary jurisdiction.

How is the procedure initiated?

The procedure is initiated by a request to share the entire property.

Who can initiate the procedure?

Any co-owner can initiate the procedure, but the request must include all co-owners.

Content of the application

The application must contain information about the object of sharing and the actions of co-owners, co-owners and other persons who have real rights to the object of sharing. For real estate such as land, land register data must be provided and appropriate proof of ownership (land register extract, contract, etc.), as well as easements, etc.

Rules of procedure

As this is a voluntary jurisdiction procedure, the court will interrupt the proceedings and ask the applicants to clarify the matter during the court proceedings if any of the property rights of the co-owners in the object of division are disputed. If the applicants do not do so, the application for sharing of co-ownership is considered withdrawn.

The court negotiates shares of the entire property at hearings and may collect evidence through reports and other means. If the applicants agree to a sharing agreement, the court will ensure that the rights of other persons with rights to the subject matter of the proceedings are not affected.

Court decision in division proceedings

The court issues a decision in the form of an order which must contain the object, the conditions and terms of sharing, the details of the physical parts of the object and the rights allocated to each co-owner, as well as their rights and obligations determined by the division.

By the partition decision, the court will also decide on the type of exercise of easements and other real rights such as: on the parts of the object which are shared between the co-owners.

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