The Legal Status of Marital Home in the Macedonian and Comparative Family Law

Abstract

The marital home is a necessity without which we
cannot imagine the existence of a family and the performing of its
functions. It is the core connecting spouses, parents and children in
the exercise of family rights and duties. For this reason, the modern
family law legislations provide the marital home with a special legal
protection during the existence of the marriage, as well as after the
marriage is divorced, but there are minor children. This issue
becomes particularly sensitive when the spouse who has been
entrusted to raise and educate the children has not independently
solved the question of living place. Therefore, a frequent consequence
of the divorces is the sale of the marital home and the relocation of the
children in a new environment which has a negative impact on their
development. This paper is focused on the question whether it is
necessary for the marital home to receive a special legal protection in
the Macedonian family law. The author argues in favor of the
regulation of this new institute and provides an analysis of the existing
legislation and problems present in practice. Considering these issues,
as well as the solutions regarding the marital home from the
comparative law, at the end of the paper the author suggests that
special protection of the marital home would be a beneficial
development in the Macedonian family law.