Make a Property Division

It is actually possible to make a property division during an ongoing marriage as well, so-called marital property division. You do not have to be at odds in any way for it to be relevant to have the assets divided while you are married. There can be many reasons for making a property division during an ongoing marriage.

Here are some common reasons:

• To clarify who owns what.
• In order to make the spouses financially equal.
• To prevent creditors from accessing a debtor spouse’s assets.
• It can serve as an alternative to a gift between spouses.
• To reduce the risk if one of you starts a business.
• In order to avoid stamp duty and capital gains tax at the same time that you are transferring ownership of a home.

When can a marital estate be divided, in order for it to be possible to make a property division during an ongoing marriage, you must both agree that property division should take place and how the property should be distributed. If you do not agree, it is not possible to carry out a marital property division. There are no opportunities to get help from the district court and get a property division executor, as is the case in divorce.

If the deceased was married, the assets and liabilities of the surviving spouse must also be included in the probate. The same applies to a cohabitation relationship, with the only difference being that only the cohabitation property is taken up (shared residence and household goods).

Wills and prenuptial agreements can affect the probate by defining any individual property. When you are done with the estate register, you must change the estate. You then divide the assets between each other. This agreement is called inheritance and it must be registered with the tax agency. Here you can read from the tax agency what the estate register should contain and how it is done. Here you can read about inheritance.

When is property division necessary in the event of death. If the deceased and the survivor only have common children and there is no will that affects the inheritance, no division of property is necessary in the event of death. The surviving spouse then directly inherits the deceased’s share from the estate division. If there are illegitimate children, i.e. Children outside the marriage in question, division of property is required, on the other hand. This is because they have the right to inheritance. The same applies if there is a will that regulates the inheritance – then division of property is also required.