The Local is not responsible for content posted by users.
  Reply to this topic

Divorce in Sweden

Need advice on what to watch out for

Craptastical
post 23.Feb.2013, 07:25 PM
Post #1
Location: Stockholm
Joined: 21.Feb.2007

So I (an American) got married to a Swedish citizen around this time last year, and now we're getting a divorce. While I am going to see a lawyer in a couple days because she is determined to make this difficult, I would still like to hear from others here on the forum who are in the know.

She has a 16 year old daughter (not mine, thank god). I don't have children with her.

How exactly do the rules work as far as who gets the hyresrätt apartment? The apartment is under my name only, and it costs too much for her to pay for on her own (I can pay for it on my own), and she doesn't meet the landlord's requirements to make 3x income compared to how much rent costs per year (I meet those requirements too).

The other thing is furniture that I brought into the marriage that I'm still paying off... How does that work? Do I still keep it if I'm paying for it or is there a possibility that I will be screwed with that there too?

From what I understand spousal support is also not allowed except for in extreme circumstances. Is that truly the case?

Any land mines I need to watch out for?

Thanks in advance.
Go to the top of the page
+
Coolrunnings
post 23.Feb.2013, 07:31 PM
Post #2
Joined: 15.Jun.2012

If you didn't sign a prenumptial then you're screwed.
Go to the top of the page
+
Beef
post 23.Feb.2013, 07:53 PM
Post #3
Location: Stockholm
Joined: 7.Feb.2006

As soon as your married your joint assets are worth 50 50. If she's not put anything in and claims more then not much you can do. She'll have to live with her conscience. Spousal support doesn't exist. Not sure about the hyresrät but if she can't afford it then not sure what the issue is? Good luck!
Go to the top of the page
+
Micardo
post 23.Feb.2013, 10:42 PM
Post #4
Joined: 22.May.2006

Sounds like you are screwed bud, good luck.
Go to the top of the page
+
djmarko
post 24.Feb.2013, 09:05 AM
Post #5
Location: Stockholm
Joined: 18.Jan.2007

Settle outside the court system, sell apartment if need be, give her a percenage and run as fast as you can!
Go to the top of the page
+
chazza
post 24.Feb.2013, 10:14 AM
Post #6
Location: Scandanavia
Joined: 15.May.2010

You can't sell a hyresrätt apartment wacko.gif
Go to the top of the page
+
Puffin
post 24.Feb.2013, 10:40 AM
Post #7
Location: Dalarna
Joined: 5.Apr.2006

You should find a lawyer who deals with Family Law cases in order to determine the exact rules for a division on assets (bodelning) rather than take legal advice from a message board

The process of actually applying for a divorce is simple and is explained on the Swedish Court's website in English
http://www.domstol.se/Funktioner/English/M...Family/Divorce/
Go to the top of the page
+
Yorkshireman
post 24.Feb.2013, 12:04 PM
Post #8
Joined: 22.Nov.2011

QUOTE (Craptastical @ 23.Feb.2013, 07:25 PM) *
How exactly do the rules work as far as who gets the hyresrätt apartment? The apartment is under my name only, and it costs too much for her to pay for on her own (I can pay ... (show full quote)

A Hyresrätt is not to be included in the division of joint assets upon divorce, simply because it is not an asset, it has no value. It is decided outside of the normal division, and in reality the only person that can take the apartment is the one the landlord says it is OK to do so. The general principle is that the person who needs the apartment the most gets it. Since you do not have children together, then it is your name on the contract so it goes to You. However, there is a little gray area because of child from a previous marriage. If there is a dispute between you and your wife, then it is easy to ask the landlord if initially they would accept your wife taking over the contract, given the limitations with regards income you have mentioned ...it sounds like they would say no, so there is no argument then! You could ask if it is possible to swap the apartment for 2 smaller apartments, that way all parties are equal smile.gif

Remember... it isn't included in the division of assets, neither side buys out the other ... it is not an asset.

As for everything else, the simple rule is ... every asset aquired during the marriage is gathered together and divided by equal value. This includes payment, or division, of all debts aquired during the marriage, it doesn't matter that the furniture is in your name, it was bought in the marriage for both of you, the outstanding debt is divided 50/50. The assets are counted from the date that the initial notification for divorce is accepted by the court. This does not mean the date the divorce is finalised, but whenever the court received the divorce request from whoever sent it in.

Your partner may want ot make it painful, but Swedish system is designed to be the complete opposite wink.gif ... it is most often simple and straight forward ...if you wish to spend a couple of thousand, depending on what assets exist, then ask the court to appoint someone to handle the bodelning (division of assets), probably cheaper than a lawyer wink.gif
Go to the top of the page
+
Craptastical
post 25.Feb.2013, 10:15 AM
Post #9
Location: Stockholm
Joined: 21.Feb.2007

Thanks so much for the responses all, especially Yorkshireman...

I'm meeting with my lawyer tomorrow morning and will share what I learn so that others may benefit from it.
Go to the top of the page
+
Craptastical
post 26.Feb.2013, 02:26 PM
Post #10
Location: Stockholm
Joined: 21.Feb.2007

OK, so here's the deal according to my lawyer (met and talked to her this morning). The apartment would go to whoever needs it most, one way or another it will get there.

The other part is that physical property which is associated with existing debt when that debt is under only one person't name is the property of the person who is paying off the debt. If the debt is held jointly, then the property and debt may be split, but not if it's only under one person't name.

So, even though the kid is 16 and is not my kid and the apartment is under only my name, they can still take it even if the time living together hasn't hit the two year mark.

Oh well. All I can do now is play nice and hope that she will still want to trade the apartment for two instead of forcing me back into the andrahand market.
Go to the top of the page
+
Mpf
post 26.Feb.2013, 04:39 PM
Post #11
Location: Stockholm
Joined: 5.Jul.2006

Wow that is a bit one sided isn't it?

If you lived in a villa and had a mortgage, if that mortgage was just in your name would that mean she wouldn't be entitled to half the value of the house even if you bought it when you were together. I am guessing that the answer is no and that as an asset you are both entitled to half so either one party puts up the redies to buy the other out or it is sold and the money (winnings) are split 50/50.

I would therefore assume that the same goes for anything you bought while in the relationship regardless as to whether just one of you had the debt. At the end of the day I am pretty sure that the item(s) were not just bought for your sole use and other members of the family got some use or enjoyment out of them.

Another little gem - if you are both divorce i.e. been married before and have children from you ex partners, and if you have 50/50 mortgage on your house, she obviously keepsher 50%, the other 50% is handed out (25% to your spouse) and the other 25% must be given to the children equally from both sides of the family immediately, not forgetting the children from previous marriages. This is only the case where people (one or both) who have been married before then remarry.

If you are only married once and remain married to that person the living other half gets everything.

Sambos are generally entitled to nowt!

Worth thinking about.
Go to the top of the page
+
Craptastical
post 27.Feb.2013, 10:13 AM
Post #12
Location: Stockholm
Joined: 21.Feb.2007

Yes, the it tried to be 50/50, but it's more equal if both parties were already equal to begin with and one person doesn't take on more financial burdens than the others. In other words, if you're taking out a loan, credit card, anything... Do it jointly. Debt that is only under one person's name stays under that person's name. If it's joint then it is split 50/50 (and so are the assets associated with that debt).

Oh well. We are filing the divorce paperwork today, so that's one step closer to and end to this nightmare of an incredibly painful process. *sigh*
Go to the top of the page
+

Reply to this topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members: