Divorce and rights to property

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Yvie
Indlæg: 10
Tilmeldt: 29.07.2019 11:36:15

Divorce and rights to property

Indlæg af Yvie » 09.09.2019 07:08:16

Hi forum,
Thank you for helping through this channel.
I'm a foreign citizen, started the divorce process.
I'm currently on internship during my studies.
How long does it take approximately before the immigration contacts me after the divorce goes through?
About owning a house together it is stated on the ministry of justice letter that I only have rights to the house as long as I have the rights to stay in the country.
Can my husband legally try to get my permit revoked before we can finalize the negotiations on sharing the house, as we own 50/50?
What options do I have once the divorce has gone through to justify my stay ( no children) ?
Thanks

DortheM
Indlæg: 494
Tilmeldt: 01.06.2017 09:09:56

Re: Divorce and rights to property

Indlæg af DortheM » 09.09.2019 09:56:53

Depending on the time you have lived in Denmark, your integration etc. you might be allowed to stay. See https://www.nyidanmark.dk/en-GB/Situati ... on/Divorce

About the rights to property I don't know anything.

mh
Indlæg: 9917
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce and rights to property

Indlæg af mh » 10.09.2019 09:06:17

Do you mean that you co-signed for mortgages and are both registrered as owners in the land register?
If so, (and also if you are ‘only’ registered as owner’) it is not so that your spouse automatically becomes sole owner + debtor if your permission should be revoked. In that case he would need to buy you out at a fair price, and get the bank/creditor(s) to accept him as sole debtor. If that cannot be arranged the house will have to be sold.
mh

Yvie
Indlæg: 10
Tilmeldt: 29.07.2019 11:36:15

Re: Divorce and rights to property

Indlæg af Yvie » 21.09.2019 11:09:37

Thank you for the feedback.
About change of address from my house can I change my address without it affecting my ownership of the house? Or my immigration status?

mh
Indlæg: 9917
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce and rights to property

Indlæg af mh » 22.09.2019 20:09:26

Change of address does not affect your ownership in any way.

You are obliged by law to inform the Immigration Office about your change of address, and if you are not in DK as a spouse of an EU-citizen, in principle you no longer have the necessary the basis of your permit, and the IO will in due course contact you and inform you that the intend to revoke your permit. At the same time they will ask if you can cite any reasons why they shouldn’t. That would be the time to ask here again ASAP.
mh

Yvie
Indlæg: 10
Tilmeldt: 29.07.2019 11:36:15

Re: Divorce and rights to property

Indlæg af Yvie » 23.09.2019 06:30:43

Thank you.
So, in the case that we are in the process of divorce and I'm yet to get a permanent new address and still have my belongings in my original house will it be an issue for immigration If I change to a temporary address until the divorce is final. Can he block me legally from accessing my belongings once I've changed the address?

mh
Indlæg: 9917
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce and rights to property

Indlæg af mh » 26.09.2019 06:29:42

If you are co-owner of the house, you have a right to enter, unless you have made an agreement not to. You should bring all important documents and your personal items, jewellry included, with you, though, as anyone with two functioning hands will be able to change the locks in a few minutes, and in that case it will take some time before you can enter with the assistance of a locksmith and a bailiff. Whatever the outcome of a division of your assets, a spouse will always as a minimum have an exclusive right to their personal items; very valuable jewellry gifted by the other spouse may be excepted from this rule.

It will only be an issue if you do not supply an address where the IO can reach you. But if you have any grounds for continued residence (permit on basis of your education or other), you should apply now, while you unquestionably have legal residence.
mh

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