Divorce questions

[DCA]

Hey guys,
In a very bad life-sucking energy moment of marriage that's been going on and off for a while now but lately been driven to actual violence from the misses who either throws away wedding ring to garbage, starts destroying my things, throws things at me or scratches my face. No, I did not retaliate in same ways and do not want to harm her legally either by involving authorities.
I proposed a normal friendly part of ways because to be honest I like staying more at work to avoid coming home and I think nobody should go through this in a marriage. But then the drama begun again with threats of financial matters.
We are married for almost 6 years, I always considerated everything to be common, she had the bills on pbs but my salary also went in the home always or transfered her money when she was short. Never bought expensive things for me or pissed off money. She also used the profits from our last apartment (which was on our both names) to buy the current apartment just on her name and now threatening to just throw me out. Is this right?! Could she actually do that?!

Thanks in advance for any advice.

Best regards.

[mh1]

To answer your question it is necessary to know where you (the husband) had your 'habitual residence' when you two got married, and if it was not in Denmark, then how long time after getting married you moved to DK, and whether you two had decided on the plan to do so at the time where you got married.

This needs to be known, in order to understand whether you have the Danish ordinary marital property regime or not. Without knowing which, one cannot give you advice on your marital finances in case of divorce.

[DCA]

We both had residence and got married in Greenland and after about 1 year we both came to Dk.
Should be the same system considering cpr Nrs and many others are the same...
Bur as I mentioned, she also used the profits from previous apartment which was on both names to just do the transactions and buy the current apartment...

And thank you for your interest in the matter.

[mh1]

In that case the Danish rules for matrimonial property apply.

This means that unless you and your spouse made a pre-nup or later made a nuptial agreement, everything you owned before and acquired after marriage is deferred community property.

That means that during marriage each of you have the right to dispose over property (money, any other assets) you owned before and acquired after marriage. You can give it away, sell it destroy it, if it is yours alone (you bought it with your money) and you can prove it.

BUT you may not freely dispose over it in a will. And when the marriage ends in divorce or at the death of one spouse, the assets AND the debt must be divided into 'yours and hers', and the value of each must be determined.

Example:
You own cash and assets for 100.000 DKK, but have a 90.000 DKK debt = positive value 10.000 DKK
Your spouse owns cash and assets for 4.500.000 DKK (because the apartment is in her name), but have a debt of 4.499.999 DKK = positive value 1.000 DKK.

She must give you half of her positive value = 500 DKK.
You must give her half of your positive value = 5.000 DKK.

The apartment is solely in her name, which may mean that she can keep it, but also means that she alone is responsible for any debts regarding it. Without knowing your and her exact economic situations I cannot give you any opinion on whether it would be in your interest to argue that half of the downpayment on the apartment came from you so that you are co-owner, or it was a loan, and you have a claim on the sum equal to the half downpayment (which would then be an asset, and could mean that you would have to hand half of it back to her), or it would be wiser to cut your losses. You need to see an attorney about that.

[DCA]

Well she has some small loans and now she is selling the apartment with almost 1mil profit (it was a fixer upper project we did) and of course I would want her to pay those first.
Thank you so much for your time!

[mh1]

Definitely you should get an attorney. Do not sign ANY divorce petition without consulting with her/him, to be sure that you do not sign away your right to a share in the profit.

[DCA]

I won't, thank you for all the advices and all your time...

One last question...what about jewelry and watches, I think there's another law regarding that...
She has two personal loans for 2 watches, one mine, one hers. One was a gift for me and gladly would pay half of her loans which is a lot more expensive then the watch...but she wants to keep both watches and me still pay half of both loans. Don't see that fair.

[mh1]

If she took out the loans, she alone is responsible for paying back.

Gifts can as a general rule not be reclaimed, unless there were false pretenses or disappointet expectations - a classic example is the return of an engagement ring if the engagement is broken off.

However, if you cannot prove that you got the watch as a gift, while she has the receipt, and you also are not in possession of the watch, you have a problem.

[DCA]

So personal loans like that is just on her...?!
I'm still thinking from the profit from the apartment to pay the loans and then split profit. Don't want to leave her with debt, would be fair for the watch and I don't want to be (pardon my language) a dick.
The watch all the friends know it was present, Facebook announcement also..it's in my possession without box and papers that she hidden...
It's awful when splits like this happens and even when you would like to be fair and for every party to be content, you need to watch your back with everything...
Thank you so much

[mh1]

Well - in a divorce situation, when it is just between you and her and no kids involved, and she seems to be more than able to take care of herself, do not put on the kid gloves. She obviously doesn't.

I say to both men and women in such a situation: DO remember, you are no longer each other's best friend. There is only one person to look out for your interests, and that is you. So look out for yourself. Obviously only to the degree where you can still also comfortably look at yourself in the mirror.