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The Local _ Legal _ Property sharing process

Posted by: humblelove001 27.Mar.2018, 04:47 PM

I appreciate all your inputs in advance. My counsin is in the process of property sharing ''bodelning'' she was married for 5 years and recently divorced, They can't agree on sharing of the properties (no prenuptial signed) she filed for property to be shared same time as filling for divorce, the divorce went through but the ex husband is not cooperating with her on how the property would be shared ,he doesnt want her to get a penny of the properties, they already have a property division executor (bodelningsförrättare) that was assigned by the district court to look into it, they both were asked to show papers for the loans they have, papers for all assets inclding the villa they had lived in, although he bought the house before they married but she has also spent alot in repairation during their marriage.

She's now a student with CSN as the only income and currently living in a student apartment, she want the property sharing to be done as soon as possible but the ex husband has vowed to frustrate the process, he has even gotten himself a lawyer, he would not send in papers requested by the bodelningsförrättare nor pay the fee of the service. Has anyone been in similar situation or does anyone knows what she can do at this junction? the bodelningsförrättare told her she can get her own lawyer if she want too but she's a student and think getting a lawyer might be expensive. she's definately on the disadvantage sides in the situation tho- what do you think a lawyer can do? as the law is all properties must be shared after marriage if no prenuptials in signed prior to the marriage, your candid inputs would be appreciated

Thank you

Posted by: yet another brit 27.Mar.2018, 07:31 PM

You can often get legal advice (first consultation) for free if you look around; the kommun may also have service. I mention these because asking non-lawyers on an internet forum for legal advice isn't actually a good strategy.

That being said, my (non-legal) recollection is that you are correct. The default case is that, without an agreement (which doesn't have to be prenuptial, it can be registered during the marriage) then the property is equally divided on divorce. There are exceptions such as heirlooms and gifts. There is a grey area about right to remain, however, and if one partner wants (or obtains the right) to keep the house then the other partner has to be bought out.

But... consult a lawyer.

Posted by: humblelove001 27.Mar.2018, 08:02 PM

QUOTE (yet another brit @ 27.Mar.2018, 07:31 PM) *
You can often get legal advice (first consultation) for free if you look around; the kommun may also have service. I mention these because asking non-lawyers on an internet forum for legal advice isn't actually a good strategy.

That being said, my (non-legal) recollection is that you are correct. The default case is that, without an agreement (which doesn't have to be prenuptial, it can be registered during the marriage) then the property is equally divided on divorce. There are exceptions such as heirlooms and gifts. There is a grey area about right to remain, however, and if one partner wants (or obtains the right) to keep the house then the other partner has to be bought out.

But... consult a lawyer.


Do you mean gifts shared during the marriage would also be considered during the sharing even though there is no agreement that those gifts would be use as part of settlement? yes she's looking into getting a lawyer

Posted by: john.boy 27.Mar.2018, 11:50 PM

QUOTE (humblelove001 @ 27.Mar.2018, 04:47 PM) *
the bodelningsförrättare told her she can get her own lawyer if she want too

What an odd thing for that person to say. You do not need a lawyer, the whole purpose of asking the court to appoint a bodelningsförrättare is to make it an even playing field within the eyes of the law. The cost is split between both parties, and it is that persons role to make sure that if the necessary documentation is not produced on time, or agreement not reached between parties, to just force the even division of assets.

Ask the bodelningsförrättare how much longer the other party can keep the process going before they force the division and close the case. Additionally, if even after the division is forced and you dont agree with the split, you can appeal it in court.

Posted by: humblelove001 28.Mar.2018, 08:37 AM

QUOTE (john.boy @ 27.Mar.2018, 10:50 PM) *
What an odd thing for that person to say. You do not need a lawyer, the whole purpose of asking the court to appoint a bodelningsförrättare is to make it an even playing field within the eyes of the law. The cost is split between both parties, and it is that persons role to make sure that if the necessary documentation is not produced on time, or agreement not reached between parties, to just force the even division of assets.

Ask the bodelningsförrättare how much longer the other party can keep the process going before they force the division and close the case. Additionally, if even after the division is forced and you dont agree with the split, you can appeal it in court.


Yes, the bodelningsfärrättare said it is not compulsory to get a lawyer though, i am just wondering what will a lawyer do in this case? like the lawyer he gotten himself?

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