Courts consistently rule that unregistered spouses cannot claim company shares or management rights, regardless of the business’s later value. Instead, they may seek reimbursement for their portion of the initial contribution through a financial claim, not ownership.
Family law treats joint marital property as assets earned during the marriage, but company shares aren’t explicitly included. Once funds are invested, they legally belong to the company. Recent cases confirm indirect contributions (e.g., consulting) don’t grant ownership. Divorce settlements focus on the original contribution’s value, not the company’s current worth, often disadvantaging unregistered spouses.
Partner Amra Ademović and Associate Mina Čogurić from our Podgorica office, in their latest article, are unpacking the legal principles behind this common but complex situation.
