The applicant (former husband) and his former wife purchased an apartment during their marriage, with the applicant’s father contributing to the purchase as well. The parties concluded an agreement stipulating that, in case of dispute, the parties agreed that the ownership of the apartment would be divided based on each party’s investment. After their divorce, the applicant filed a claim for the division of the property. The Municipal Court rejected the claim and, deeming the applicant’s father’s contribution to be an assistance to both spouses, ruled that the applicant and his former wife were co-owners, each owning half of the property. On appeal, the District Court quashed the Municipal Court’s decision and remanded, but the Municipal Court on remand reached the same decision (i.e., applicant and former wife each owned one-half of the property). The District Court then amended the Municipal Court’s judgment and ruled that the applicant owned 85.48% of the apartment, and his former wife 14.52%, according to their agreement. The applicant then litigated to execute the District Court’s judgment. The former wife filed a request for a revision with the Supreme Court, which granted the request and upheld the Municipal Court’s judgment, holding that the apartment was an asset created during the marital union, and the parties by law could not contract to the detriment of common assets acquired in marriage. The applicant appealed to the Constitutional Court, alleging violation of his right to the protection of property and right to a fair trial under the Constitution of Kosovo and the European Convention on Human Rights. The Constitutional Court emphasized that its task was not to act as a court of fourth instance or to deal with errors of fact or law unless it may have infringed on constitutional rights. The Supreme Court’s reasoning was clear and the proceedings below had not been unfair or arbitrary. Therefore, the Constitutional Court ruled inadmissible the applicant’s appeal from the Supreme Court’s judgment. (Also available in Srpski and English.)
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