For Macedonian law, nonmarital union is not an unknown legal institute, as it is probably insufficiently clear and known to the general public. However, despite the insufficient knowledge of the challenges that extramarital life brings, in today’s conditions, a large number of couples more easily make the decision to start a life together, as opposed to the decision to get married.

The informality of such a community makes it attractive, but at the same time you should keep in mind that you will be able to pursue and protect your personal interests only in relation to precisely defined legal relationships.

On the other hand, very often, living together with your partner leads to asking the questions:

• “Does living together with my partner mean that we have same rights as if we were married?” or
• “What rights do I have if my non-marital partner and I buy real estate together?”

For these reasons, in continuation we introduce you to everything you need to know about extramarital union and the legal consequences that may arise from it.

1. Living together for at least one year

Starting a life together with a partner is a challenge that brings with it advantages and disadvantages. However, living together for only a few weeks or months does not mean that you have entered into an extramarital union (although you are well on your way to obtaining such legal status).

Unlike other countries, in the Republic of North Macedonia no one will give you a certificate or any other document that would confirm that your life together has received the status of “extramarital union”.
This means that there are no conditions to formalize this moment on a formal legal basis way.

However, you can be sure that you have become common-law partners if you have lived together for a period of at least 1 (one) year.

2. Acquisition of joint property

Very often, starting a joint life began to privilege the joint purchase of an apartment, in order to solve the housing issue “with joint forces”. Therefore, keep in mind that even though you are not married, acquiring joint property in a cohabitation means that you enjoy the same property rights and obligations as if you were married.

 According to the Law, the property that you will acquire during this union represents your common property. This means that the jointly purchased apartment is your joint property, while a possible loan taken for its payment, the apartment, is equally a joint obligation for both of you.

 You can always agree with your partner that one of you will manage and dispose of the joint property. However, for any work undertaken that would exceed the scope of regular management or disposal of the property, you will need the consent of your partner.

 The good news is that during the duration and even after the termination of the cohabitation, you can amicably divide the common property, after which a regime of separate property arises.

 3. Right to mutual support

 To tell the truth, extramarital union does not provide any special benefits and rights, considering that according to the Law it is equal to the married union, but only in terms of the right to mutual maintenance and property acquired during the duration of that union.

The illegitimate spouse who does not have sufficient means of maintenance and is unable to work or is unemployed through no fault of his own, has the right to maintenance from his illegitimate spouse in proportion to his capabilities. This means that, according to the law, the possibility of being obliged to pay a certain amount in the name of maintenance for your partner is not excluded.

 4. Right of mutual inheritance

Probably one of the disadvantages of the legal solution is that common-law partners cannot inherit from each other, because according to the Inheritance Law, common-law partners are not provided for in any of the legal inheritance lines.

However, on the other hand, in contrast to such an “unpopular” legal solution, the law equated extramarital kinship with marital kinship, that is, it equates the rights of illegitimate children with married ones in terms of the right to inherit their illegitimate parents.

What if you want to break up with your partner?

Unfortunately, you will not find an answer to this question in the law.

Considering that the non marital union does not need to be institutionalized in front of a competent authority, the way of its termination is not followed by any legal steps that must be taken. Hence, the separation with your extramarital partner is not subject to any formalities and restrictions from a legal point of view.

Hence, the separation with your non marital partner is not subject to any formalities and restrictions from a legal point of view, except for the need for peaceful resolution of possible mutual misunderstandings.