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