Buying property in Serbia as a married foreigner: Ownership and legal implications

If you're legally married and planning to buy a property in Serbia, the first legal decision is whether the property will be:

• Your exclusive property (separate ownership),

• Joint marital property, or

• Co-ownership with your spouse (each owning a specific share).

Each of these options has different legal and tax implications.

What is considered joint marital property?

Under Serbian law, joint property (zajednička svojina) means that both spouses are legal owners of the property, but without clearly defined ownership shares. This kind of ownership requires joint decision-making on any future sale, mortgage, or transfer of ownership.

Even if only one spouse signs the purchase agreement, the property can still be registered as joint marital property. The spouse doesn’t have to be listed as a buyer or sign the contract, but joint ownership will automatically be recorded in the Real Estate Cadastre unless declared otherwise.

Declaring the property as separate ownership

If you and your spouse agree that the property will be the separate property of the buyer, this must be explicitly stated. The spouse can confirm their consent by either:

• Signing the purchase agreement, or

• Submitting a separate written declaration that the property will not be considered marital property.

Without this agreement, Serbian authorities may treat the property as joint marital ownership.

Co-ownership vs joint marital property

In co-ownership (susvojina), each spouse owns a defined share — for example, 50/50. This gives each spouse full control over their share, including the right to sell or mortgage it independently.

By contrast, in joint marital property, neither spouse can act without the other.

Loans and bank requirements

If you're using a mortgage loan, keep in mind that Serbian banks may have specific requirements about who takes the loan and who holds the title. Sometimes both spouses need to be involved, even if the ownership is in one name.

Legal tips before you decide

Choosing the right ownership structure affects property division in case of divorce.

Always consult a legal advisor who understands both Serbian law and international marital issues before signing the contract.

“Marriage is governed by law only when love can’t do the job,” as Serbian author Duško Radović once said. Try to arrange your marriage — and property matters — better than the law can.

Need help?

City Expert can guide you through the full process — from legal advising to signing the contract — and help you find the perfect home in Serbia.