Summary
In the world there are three systems of division of joint property of spouses: the system of division based on the contribution of spouses, the system of equal shares and the system of justice. The system of equal shares may be pure and mixed. The pure system of equal shares without the possibility of rejecting assumptions about one half for each spouse was accepted in the Family Laws of the Brcko District and the Federation of BiH. This provision is directly contrary to the Constitution of the Federation in regard of equality of all persons before the law and protection of property and to the European Convention on Human Rights and Freedoms. No judge can judge contrary to his/her beliefs and it is not allowed to discriminate the spouse who worked more, thus contributing to the creation of such property. Why not make amendments to Article 252 paragraph 1 of the Family Law of the Federation of BiH and cancel the irrefutable presumption of equal shares and allow for proving the greater share of a spouse in cases when his/her share exceeds by at least ten per cent the value of his/her share presumed by the law. This should be set out in the manner that the spouse who claims so should have more revenues generated in at least such percentage, or the value of works in the household, taking care of children, taking care of assets and increase of assets is greater than that percentage. This would provide full equality of spouses in the acquisition and sharing of joint property in the entire territory of Bosnia and Herzegovina.
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