Do you need help with a property division?
When a couple separates, whether married or cohabiting, there arises a need to divide property between the two parties. In legal terms, this process is called a property division or “bodelning” in Swedish. The rules for how to divide your property differ depending on whether the couple is married or simply cohabiting. It’s important to understand these differences to make sure everything is handled properly.
A property division involves a couple, either married or cohabiting, dividing their assets after a separation. In most cases, if you’e divorcing, you’ll need to conduct a property division. You have to submit a divorce application to the district court before you draft a property division agreement. You can also divide property during the marriage if you both agree to do so, in which case you need to make a notification to the Swedish Tax Agency before drafting the agreement.
Property division in divorce or separation
When you divide property due to divorce or separation, you have to agree on how to split what you’ve owned together during your marriage or cohabitation. The rules for sharing assets differ based on whether you were married or cohabiting. In a divorce, you divide all marital property, which includes all assets except those deemed individual through a prenuptial agreement or inheritance. This can include real estate, vehicles, cash, and other jointly acquired assets. If you have a prenuptial agreement or if one of you has inherited property with a specified condition that it remains personal, that asset is excluded from marital property.
For cohabiting couples, only the residence, assets, and items intended for shared use are divided. Any property acquired before the cohabitation, or that was not intended for joint use, doesn’t need to be divided.
If you agree on how to divide property, you can draft a property division agreement that regulates this distribution in writing, which can then be registered with the Swedish Tax Agency.
When you might need an estate distribution executor
Sometimes, reaching an agreement on property division can be challenging. If you can’t agree, you can apply for an estate distribution executor, an impartial lawyer or attorney appointed by the court to help resolve the dispute. The executor’s task is to mediate and, if an agreement can’t be reached, make a final decision about the property division based on legal standards.
Difference between an estate distribution executor and legal counsel
The executor is always impartial and can’t provide you with legal advice or support. If either of you needs legal assistance during the process, it can be wise to hire a lawyer specializing in family law to act as your representative in the division process and to protect your interests before the executor.
What we help with in a property division
Legal consultation
We provide guidance on your rights and options in a property division. We help you understand the process and relevant regulations in your specific case, whether you’re married or cohabiting.
Drafting the property division agreement
We’ll help you draft a property division agreement and make sure that the document meets all legal requirements and clearly and fairly regulates asset division.
Support in disputes and representation before an executor
If you can’t agree on how to divide assets, we represent you and guide you through the process with an executor. We protect your interests and make sure that the division is conducted fairly and according to the law.
Get legal help today
Do you need help with a property division? You can always get in contact with our lawyers within just 24 hours when you need quick answers to your questions. Or you can email or call us whenever you need to hire a lawyer for legal assistance.
FAQ about property division
What is property division?
Property division is the process where married or cohabiting couples divide their jointly held property during separation or divorce
When do I need a property division agreement?
You need a property division agreement to document the distribution of property in writing. This helps prevent misunderstandings and disputes in the future. The agreement can also be registered with the Swedish Tax Agency.
What should I do if we can’t agree on how to divide our property?
If you can’t agree, you can apply for an estate distribution executor to be appointed by the court. The executor will help resolve the dispute and can make a final decision on how to divide your property.
