2 Is there a statutory matrimonial property regime and if so, what does it provide?
2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?
Pursuant to Croatian law, spouses have separate property and community property (Article 35 of the Family Act). Community property implies all property that spouses earned from their work during marriage or the property accrued from such property (Article 36 of the Family Act).
The property that a spouse owns at the time of entering into the marriage remains his or her separate property. Separate property also includes property that a spouse acquired during marriage by inheritance or donation.
2.2. Are there legal assumptions concerning the attribution of property?
By law, spouses are equal co-owners of the community property unless they have entered an agreement that governs their property relations otherwise.
2.3. Should the spouses establish an inventory of assets? If so, when and how?
Croatian law does not require the establishment of an inventory of assets.
2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?
As pointed out under 2.1, the spouses can own separate property and community property.
Administration of separate property is governed by the regime of administering individual property. Administering community property is divided into matters of ordinary and matters of extraordinary administration. Declarations made by one of the spouses is sufficient for matters of ordinary administration (ordinary maintenance, exploitation and use of the object for its ordinary purpose) – consent of the other spouse is presumed.
For matters of extraordinary administration (change of purpose of the object, major maintenance, selling, establishment of mortgage, etc.) of real estates and movable property ownership of which has to be registered, it is necessary for the spouses to declare will jointly, or for one of the spouses to present written consent with a notarial certification of signature given by the other spouse.
If the spouse doesn't present a written consent, this will not affect rights and obligations of the third party acting in good faith (Art 37 Family Act).
2.5. Are any legal transactions made by one spouse also binding on the other?
Obligations and liabilities entered into prior to entering marriage, as well as those, entered into in separate capacity during marriage, that aren't in connection with ordinary needs of the family union aren't binding for the other spouse. (Art 43 Family Act).
2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?
Both spouses are liable for debts incurred by one of the spouses for the purpose of settlement of needs of the family union, as well as for those incurred jointly in connection with community property. They are liable solidary with both their separate and community property.(Art. 44 Family Act).
