The Division of Marital Joint Property: Legal Framework and Gender Implications in North Macedonia

This paper explores the legal framework governing the division of joint ownership in marital property in North Macedonia, with a particular focus on gender implications. It critically analyzes the Family Law Act and the Law on Ownership and Other Real Rights to assess how these provisions function during marriage dissolution due to divorce or death. By employing a qualitative, legal-analytical approach, the research assesses legislative texts and relevant case law to explore the extent to which current laws ensure equitable property division, irrespective of gender or economic contribution. In addition to legal analysis, the research utilizes case law to highlight and illustrate discrepancies between the law’s theoretical principle of equal division and its real-world application, particularly where traditional gender roles are concerned. It discusses how traditional expectations around women’s unpaid contributions, such as caregiving and household management, often result in outcomes that disadvantage women. Women, especially those who have forgone paid employment to fulfill domestic roles, face significant challenges in securing an equal share of marital property.

The study emphasizes the need for legal reforms that better account for these disparities, promoting fairness in the division of joint ownership and greater protection for vulnerable parties. This research contributes to ongoing discussions on property rights and gender equality, proposing reforms that align the legal framework with international human rights standards.

To provide a broader perspective, the study includes a comparative analysis of property division practices in selected jurisdictions, situating North Macedonia's approach within an international framework. This examination not only underscores the need for greater consistency in judicial interpretation but also contributes to ongoing discussions on property rights and marital equity by proposing specific areas for legal reform. The originality of this study lies in its detailed, context-specific analysis of North Macedonian property division laws, offering unique insights and practical recommendations for enhancing the fairness and effectiveness of the legal framework within the context of international human rights standards.