5 What are the consequences of divorce/separation?
5.1. How is the property (rights in rem) divided?
Marital rights are realized when the marriage is dissolved and the division of property shall take place. First, the spouses' shares in the marital property are calculated. Since each spouse owns his/her property independently, the claim does not relate to specific property, but only to a nominal value, i.e. half of the net value of marital property (after debts have been deducted). The spouse who has the most marital property may choose whether the difference shall be equalized by a lump sum payment or a transfer of assets of equivalent value (ÄktB 11:9). However, the economically disadvantaged spouse may request to take over the joint home and the household goods, against compensation (ÄktB 11:8). If all their property is separate property, and neither spouse asks to take over the joint home or household goods, there need not be any division of property (ÄktB 9:1). It should be mentioned that divorce can be granted even if the parties do not agree on all ancillary matters. Such matters are then dealt with separately.
5.2. Who is liable for existing debts after the divorce/separation?
Each spouse is responsible for his/her debt, both during marriage and after divorce.
5.3. Does one spouse have a claim to an equalisation payment?
5.3.1. In case of a property regime of the community of surplus:
- Does the claim have to be satisfied by means of a payment or in kind?
- How is the claim assessed?
- What is the amount of the equalisation payment?
- When is the claim prescribed?
Swedish law does not provide for such a regime.
5.3.2. In other cases (not community of surplus). Which ones?
As stated under 5.1, if one spouse has more marital property than the other, the difference may be equalized by a lump sum payment.
Choose another topic of
Couples in Sweden
Current country: Germany