The Dubrovnik County Court (Županijski sud u Dubrovniku) has upheld the ruling of the Dubrovnik Municipal Court (Općinski sud u Dubrovniku), recognising the daughter of a deceased man's right to half ownership of properties in the Lopud cadastral municipality. This resolves a long-standing property dispute between the deceased's ex-wife and his daughter from his first marriage.
The properties, which include two buildings and associated land, were registered solely in the name of the deceased's ex-wife prior to this court decision. The appellate court dismissed her appeal as unfounded, resulting in the removal of part of the ownership from her name. The heir now has the right to be registered as co-owner of half of the said assets.
The central issue in this dispute was whether the properties on Lopud constituted marital joint property. The ex-wife claimed they were her exclusive property, citing the fact that she was the sole registered owner in the land registry. The deceased's daughter, on the other hand, argued that her father had actively participated in the purchase of these properties.
As the sole legal heir, the daughter claimed her father's share of co-ownership. The court accepted her argument, taking into account the fact that the former spouses had lived together before marriage. This confirmed that participation in the purchase grants ownership rights despite the property being registered solely in one party's name.
The ruling is now final, meaning the process of registering the change of ownership in the land registry is concluded. The deceased's daughter is now officially registered as co-owner of half of the two buildings and the land on Lopud, while the ex-wife has lost all ownership rights to that portion of the assets.
