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Law No. 9062 approving the Family Code of Albania.

Country
Type of law
Legislation
Source

Abstract
Marriage, as a legal cohabitation, is founded on the moral and legal equality of the spouses, in the mutual sentiment of love, respect and understanding, as the basis of unity in the family. Marriage and family enjoy special protection from the state. A division of wealth in the marital estate shall be made based on the equality of its assets and liabilities. After deducting from the estate the obligations of the spouses and third parties, the remainder is divided in equal shares among spouses. The court, based on the needs of children and on who will have custody of the children, may decide to award one spouse with a portion of the marital estate belonging to the other spouse. If the spouses have specified unequal shares, they or their heirs are liable only to the extent of their joint assets or the wealth gained from the joint assets. Any clause in the contract that obligates a spouse beyond their share of the marital estate or limits their liability to less than their share is void.
Movable property possessed by one of the spouses or by both spouses is presumed, in relation to their creditors, as the property of the liable spouse. This presumption does not exist when the parties are living separate and apart from one another. Movable property possessed by both spouses is presumed, in relation to each other, as jointly owned in equal shares. Movable property, previously designated as the personal property of one of the spouses, is presumed to be the property of that spouse. Upon the termination of marriage due to the death of one of the spouses, the division of wealth between spouses with a separate property regime is based on the laws of inheritance for the division of property among heirs, as it regulates the form, the preservation of inseparable commodities as undivided, the system of preferences, auction of indivisible commodities, the effects of division, and guarantees and differences. The same rules are also applied after the dissolution of a marriage, except for the system of preferences. A decision may be reached allowing any resulting difference to be paid in cash.
Date of text
Entry into force notes
This law enters into force six months after its publication in the Official Journal.
Repealed
No
Source language

English

Legislation Amendment
No