Couples in Albania
1 - Which law applies?
1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
Family code and civil code
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
2 - Is there a statutory matrimonial property regime and if so, what does it provide?
Yes it is, the couple can have common union or regime of separate properties . This is decided in the moment of contracting marriage and is drawn up by the notary the agreement.
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?
It depends what parties are deciding
2.2. Are there legal presumptions concerning the attribution of property?
2.3. Should the spouses establish an inventory of assets? If so, when and how?
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 can it be pleaded against a third party?
Yes it can
2.5. Are any legal transactions made by one spouse also binding on the other?
Yes , especially in selling contracts of real property
2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?
In each debt the bank is involving both sposes
3 - How can the spouses arrange their property regime?
By an agreement drawn by the notary
3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?
3.2. What are the formal requirements and who should I contact?
Formal agreement and it has to be contacted a notary
3.3. When may the contract be concluded and when does it come into effect?
Before marriage and can be changed not less than period of 2 years
3.4. May an existing contract be modified by the spouses? If so, subject to what conditions?
It may be changed with the condition that has to pass 2 years
4 - Can or must the matrimonial property regime be registered?
4.1. Do one or more registers of marriage contracts exist in your country? Where?
Can and must
4.2. Which documents are registered? Which information is registered?
Title of proprties
4.3. How and by whom can the information in the register be accessed?
Either by the parties nor the notary
4.4. What are the legal effects of registration (validity, opposability)?
5 - What are the consequences of divorce/separation?
There is a civil case about the division of properties according the contribution
5.1. How is the property (rights in rem)divided?
According to contribution
5.2. Who is liable for existing debts after the divorce/separation?
In general both spouses
5.3. Does one spouse have a claim to an equalisation payment (balancing payment)?
Yes it can
5.3.1. In case of a property regime of community (or partnership) of acquests:
- Does the claim have to be satisfied by means of a payment or in kind?
- How is the claim assessed?
Assessed by an expert
- What is the amount of the equalisation payment (balancing payment)?
- When is the claim prescribed?
After 10 years
5.3.2. In other cases (not community or partnership of acquests). Which ones?