Legal help with the division of property

What is a division of property?

A division of property is the legal process through which spouses or cohabiting partners divide property between them. The property included and the rules governing its distribution depend on whether the couple was married or cohabiting.

The process may involve:

• identifying assets and debts
• determining which property must be included
• valuing a home, business, and other assets
• calculating each party’s share
• distributing property and calculating any equalization payment
• preparing a written property division agreement.

A complete financial overview is essential before an agreement is signed. Missing or incorrect information may affect the outcome and lead to future disputes.

Division of property after a divorce

Under Swedish law, marital property is generally included in the division following a divorce. Separate property created through a prenuptial agreement, will, or condition attached to a gift is normally excluded.

Each spouse’s debts are taken into account before the remaining value is calculated. As a general rule, the combined net value of the marital property is divided equally. One spouse may receive a particular asset and make an equalization payment to the other.

Spouses may also divide their property while they are still married. This requires advance notification to the Swedish Tax Agency.

Division of property between cohabiting partners

For cohabiting partners, the division only covers joint property under the Swedish Cohabitees Act. This generally consists of the shared home and household goods acquired for joint use.

Savings, vehicles, and property owned before the relationship are not normally included. The reason why and the time at which the property was acquired may determine whether it forms part of the division.

A cohabiting partner who wants a division of property must request it within one year after the relationship ends. If no request is made within that period, each person generally keeps their own property.

Property division agreements

Once the distribution has been decided, it should be documented in a written agreement signed by both parties. The agreement states which assets each person receives and whether an equalization payment must be made.

Legal assistance is particularly valuable when the division involves:

• a jointly owned home
• a business or shares in a company
• significant debts or disputed valuations
• separate property
• incomplete financial information
• disagreement about ownership or distribution.

We review the financial circumstances, explain the applicable rules, and prepare or review the agreement.

If you cannot agree

If a dispute arises, we help determine which property should be included, assess valuations, and negotiate with the other party.

If no agreement can be reached, either party may apply to the district court for the appointment of a property division administrator. The administrator is impartial and will first attempt to help the parties reach an agreement. If that is unsuccessful, the administrator may decide how the property will be divided.

We represent you and protect your interests throughout the process. Because the administrator must remain impartial, they cannot replace your own lawyer.