Foreign Spouses and Property in Serbia

Which law applies

The personal and statutory property relations of spouses are governed, in this order, by:

1. the law of the country of which both spouses are citizens;
2. if they have different citizenships, the law of the country where both are domiciled;
3. if there is no such country, the law of the country of their last common domicile;
4. if the applicable law cannot be determined in this way, Serbian law.

For example, for spouses who are both Russian citizens, Russian law generally applies, even when they buy a flat in Novi Sad. For spouses of different citizenships who both live in Serbia, Serbian law applies.

What applies under Serbian law

Property that spouses acquire through work during their married life is joint property, while property acquired before marriage, by inheritance or as a gift is separate property. Spouses dispose of joint property jointly and by agreement. Real estate is deemed to be registered in the names of both spouses even when only one of them is registered, unless there is a written agreement on division, a marriage contract or a court decision. If both spouses are registered as co-owners with defined shares, they are deemed to have divided the property.

Registration in the cadastre

Serbian law governs the acquisition of ownership, registration and other property rights in real estate in Serbia, regardless of the buyers' citizenship. In the purchase contract the spouses can specify that they are registered as co-owners with defined shares, which makes later proof easier.

Marriage contract

Under Serbian law, spouses and future spouses can regulate their property relations differently by a marriage contract. It is concluded before a notary as a notarially certified deed, and a contract concerning real estate is registered in the cadastre. Contractual property relations are governed by the law that applied to the spouses' statutory property relations when the contract was concluded, and if that law allows a choice, by the law the spouses chose. With a marriage contract concluded abroad, it is useful to check in advance how it is proved and whether it can be registered in Serbia.

Disputes

Disputes about ownership of real estate in Serbia fall within the exclusive jurisdiction of Serbian courts. In disputes over spouses' property relations concerning property in Serbia, a Serbian court has jurisdiction even when the defendant is not domiciled in Serbia, if the claimant has domicile or residence here. The Serbian court may then also apply foreign law, if that law governs the relationship.

Common questions

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