Assets after divorce

[Rodriguez]

Hello Friends
I am Rodriguez from Brasil. I am married to my wife from Bulgaria and we have been together for 2 years.

I have VISA on her behalf as per family-reunification as per EU rules, although I have stayed her in Dk for 5 years (Was student earlier).

But now I am in a conundrum. Our relationship of late hasn't been so good and we are planning to file a divorce. But I have just recently bought an apartment. The total payment was done by me and it is registered on my name.

My question is, if we are to get divorced, can she make a claim on my house even if she has not paid anything for it?

We have no children. I would really appreciate of someone can answer my question.

Regards, Rodriguez.

[mh1]

Since you are a resident in DK, your matrimonial property regime is the Danish by default.

It would only be otherwise if you and your wife agreed on making a nuptial contract about another regime.

According to Danish law, your wife can claim half of the value of your assets and you can claim half of the value of hers.

However, the value of your assets is calculated as the 'positive value', that is:
first the value of everything is assessed,
then all personal debts are deducted,
then you have the 'positive value' which must be divided equally.

Unless of course your debt happens to be more than the value of your assets. In that case your assets will have no 'positive value' and there is nothing to divide.

[Rodriguez]

Hi Mh
Thanks for your reply. That sounds like bad news for me. I do not have any debts - as I did not take any loans to buy the house. So I have positive assets. Even though she did not contribute a penny towards purchase of my house, I still would have to divide half the price of the house. Sounds very unreasonable.

Rodriguez

[mh1]

There is a chance that you may use § 61 in "Lov om ægtefælleskifte m.v., Justitsministeriets lov nr. 594 af 14/6 2011." - the act regarding division of assets. It gives the possibility to divide unequally, especially if the marriage has not been of long duration (less that 5 years).

You will have to go to a lawyer, since it is not enough to just mention it when you apply for divorce (I assume you have checked the procedure? Otherwise you may read here: http://www.statsforvaltningen.dk/site.aspx?p=6396 )

[Rodriguez]

Hi Mh

I just read the law stated below. Thanks for info.

Kortvarigt ægteskab

"§ 61. Har en ægtefælle indbragt den væsentligste del af fællesboet på den måde, der fremgår af § 60, og vil en ligedeling være åbenbart urimelig, navnlig fordi ægteskabet har været kortvarigt og uden økonomisk fællesskab af betydning, kan det ved skifte i anledning af separation, skilsmisse eller bosondring efter anmodning bestemmes, at boets deling skal finde sted således, at § 60 anvendes, i det omfang dette findes begrundet"

But now my concern is, what if she still claims money after divorce? Would I have to fight the case and what are my chances of wining?

Other thing is, can I make any agreement with her stating she will not claim any assests before the divorce is filed? Would such a letter of agreement considered valid?

Best regards
Rodz.

[mh1]

Well, she can of course object to your wish for unequal division, which is why you should get a lawyer.

If you get an agreement with her, she can reject it at any time and even after divorce sue you if she changes her mind (maybe not with success, but she can try). Therefore in order for an agreement to be binding it should be made with the assistance of two lawyers: one on your side, one on hers.