Divorce settlements and wealth distribution after separation is still a cause for concern in Albania, leading in the best-case scenario to the courthouse and in the worst-case scenario, in men taking the law into their own hands. The ‘Unpublished’ documentary series on Euronews Albania took a closer look at the specific issues arising from divorce settlements and the maneuvers men are using in order to default on giving their ex-wives part of their wealth.

In 2020, 14.500 civil trials were held in Tirana’s Courthouse. In every 40 trails, one dealt with wealth distribution disputes. According to experts, the biggest problem is the lack of information citizens have on judicial procedures.

“If you come to my office and analyze 10 different clients asking for a notarial act, in the end only 70% of the cases might actually understand what that act says unless you explain it to them in a way they can understand especially regarding its negative judicial effects. Thus, they sign and become subject to what they have willingly agreed to and might even have to go to court,” – said notary Elona Saliaj.

The right of property is gained through the following procedures; donation, inheritance as well as purchasing. The rights to owning property are also acquired through the act of marriage. Every piece of wealth, acquired after marriage, unless it is individually owned by either partner, becomes shared wealth, often referred as marital property.

Our guest is a divorced woman, who spoke about the many obstacles and sorrows she had to go through in order to get her part of the wealth, after separating from her ex-husband.

“The conflict started between me and my former father-in-law. My husband and I divorced in 2012 and I still continue to live in the same house I used to live in with my ex-husband. Now, my former father-in-law has opened a case against me, in order to kick me out and take my house. He first opened the case in 2014, but had it dismissed by the Civil Court. In 2015, he tried again and got it dismissed yet again. The reason it was dismissed was because the house, where my son and I are living, is currently in the process of legalization,” – stated our guest, who preferred to remain anonymous.

Ex-husbands use a variety of tricks in order to exclude their partners from receiving their part of the wealth.

“In the case of construction company owners for example, they build many houses and apartments but they never put anything in their name, not even one apartment. They rent. Their wives, worried that they have nowhere to live are scared to get a divorce and are forced to keep living with them,” – says notary Elona Saliaj.

Often women don’t get registered as co-owners in various properties. In fact, even in those cases when the wealth is accumulated from both partners, after marriage, again the property only appears in the name of the husband.

“We have also seen issues regarding the misuse of property registers, where the problem begins with the initial registrations of a couple’s investments, which only get written under the husband’s name and after family conflicts occur, one side asks for their part of the property. The other side doesn’t accept and they end up going to court, which creates real and artificial costs, other expenses etc,” – said the expert on private property, Gëzim Kodra.

Property hearings regarding divorce settlements of wealth are ranked second, in the list of procedures in courtrooms that get stalled for several years at a time.