Separation and house ownership

This forum is dedicated to all our English-speaking members.
Please feel free to ask your questions here!
Besvar
Robinhood66
Indlæg: 1
Tilmeldt: 06.08.2018 14:46:08

Separation and house ownership

Indlæg af Robinhood66 » 06.08.2018 14:52:13

Dear AUG

I have a very simple question. I am Danish citizen and I wish to marry girl from Morocco. All is well with us but to be on safer side I have following question.

I have bought a house in Denmark. So I was wondering that when I marry this girl and by the look of it, all will go well, but just in case it does not go well - then would she gain half ownership of house if we divorce?

Or ownership is shared only for things bought before marriage?

Would really appreciate if anyone can give me link to this law and answer my question real quick.

Counting on your cooperation,

Best regards
Robin

mh1
Indlæg: 10609
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
Kontakt:

Re: Separation and house ownership

Indlæg af mh1 » 06.08.2018 21:25:16

Since 1st of January this year this applies:
https://www.retsinformation.dk/Forms/r0 ... ?id=191368

When you marry, you do NOT become owners of each others assets, and each spouse continues to have full right of disposal over his/her assets, although the common interest of the spouses must be considered.
It is thus not in the interest of the other spouse, if the owner-spouse sells the family home without the knowledge and consent of the other.

At divorce, the VALUE of the assets must be shared equally, UNLESS a nuptial agreement about another division has been made.

You should ask your fiancée to make a nuptial agreement before you marry. In Morocco separate property is the general norm, although it is now possible to make an agreement on a different arrangement. In Danish law there are several models for nuptial agreements, and you would be well adviced to consult an attorney on how to shape yours.
mh
Rådgiver for ÆUG

Besvar