Do you need help with a property division?
In a divorce or separation, you probably need to divide the property between the two of you. In legal terms, this is called a property division. There are certain laws that regulate the division of property depending on whether you’ve been married or living together as legally cohabiting partners. And it’s important to understand the legal regulations to make sure the process is handled correctly.
In a property division, a previously married or cohabiting couple, divides their assets between them after a separation. In most cases of divorce, a property division is a requirement. This means you have to submit an application for divorce to the district court before drafting a property division agreement.
However, you can divide the property during your marriage as long as you both agree to it. In this case, you’ll have to file a notification with the Swedish Tax Agency before preparing the property division agreement.
Property division in the event of divorce or separation
When dividing property during a divorce or separation, you agree on how to split what the two of you owned together during your marriage or cohabiting relationship. The regulations for how to divide your assets differ depending on whether you were married or cohabiting.
In a divorce, you divide all marital property. This includes all your assets that aren’t individual property through a prenuptial agreement or a will. It includes real estate, cars, cash, and other assets acquired during your marriage. However, if you have a prenuptial agreement, or if one of you has inherited something, and it states in those documents that a certain asset should be individual property, that asset is not included in the marital property.
If you were cohabiting, you only divide the home, assets, and belongings that were acquired for shared use. Assets you owned before your cohabiting relationship and assets that were not intended for shared use are therefore not part of what you will divide in the property division.
If you agree on how the division should take place, you can draw up a property division agreement that regulates the division of property in writing. Such an agreement can then be registered with the Swedish Tax Agency.
When you need a property division executor
Sometimes it may not be easy to agree on how to distribute your assets. If you cannot reach an agreement, you can apply to have a property division executor appointed. This is an impartial lawyer or attorney appointed by the court to help resolve the dispute. The task of the property division executor is to unite the parties. If this is not possible, they can instead carry out a forced division, meaning they make a final decision on the distribution of assets based on the law and established practices.
Difference between a property division executor and legal counsel
The property division executor is always impartial and, therefore, cannot provide legal advice or support. If either of you needs legal assistance during the process, it may be wise to hire a lawyer specializing in family financial law. The lawyer can act as a representative in the property division and before the property division executor, ensuring your interests are protected in the best possible way.
What we help with in property divisions
Legal Advice
We provide you with advice on your rights and options during a division of property. We help you understand the process and what applies to your specific case, whether you are married or cohabiting.
Drafting of a property division agreement
With us, you can create a property division agreement independently through our agreement service. If you prefer, you can also get assistance from our lawyers in drafting the agreement. Regardless of your choice, you can be sure that the agreement meets all legal requirements and regulates the division of assets clearly and fairly.
Support in case of disputes and before a property division executor
If you cannot agree on how to distribute your assets, we represent you and assist you through the process with a property division executor. We protect your interests and ensure that the division of property is conducted according to legal and fair principles.
Get help with your division of property today
In our legal documents service, you can draft several legal agreements and documents all on your own. Currently, the service is only available in Swedish. However, if your Swedish is sufficient enough, you’ll be guided through each step, making the process as easy as possible for you to create the documents you need, at a lower cost.
If you prefer to get assistance with drafting legal documents, please send an email or call us, and our lawyers will help you with what you need.
FAQ about division of property
What is division of property?
Division of property is the process where married couples or cohabitants divide their joint assets upon separation or divorce.
When do I need a property division agreement?
You need a property division agreement to document the distribution of your assets in writing. This helps prevent misunderstandings and disputes in the future. The agreement can also be registered with the Swedish Tax Agency.
What do I do if we cannot agree on the division of property?
If you cannot agree, you can apply for a property division executor to be appointed by the court. The property division executor helps resolve the dispute and can make a final decision on the division of assets.
