Who owns what in a marriage in Serbia?

Property acquired during the marriage is joint by default

Serbia's default is a joint property of the spouses acquired through work during the marriage.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Property acquired by work during the marriage is joint, and property from before, gifts and inheritances are personal.

When the marriage ends in divorce

The joint property is divided, in principle in equal shares, unless contributions were unequal.

A marriage contract

A marriage contract can set another regime and must be notarised.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

The country has its own rules on which law applies. Get local advice if one spouse is a foreigner or the couple live abroad.

Understand the legal system first

Serbia belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Serbia legal-system profile in the Legal Families Atlas →

Official sources

Ministry of Justice of Serbia

TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.