Disagreement regarding the property settlement
I have a girlfriend (Religious marriage not officially recorded)who lives with me at my apartment (second hand contract ). we have been living together for 4 months ,Recently I've noticed that I am losing some things from my flat such as watch ,gold necklace ,money ....etc .After checking I found out that she stole these things ,
I talked with her and she had confessed about that ,my problem is she threatened me that she would tell the police that I've beaten her if I try to kick her out of my apartment ,today she informed me that she is a pregnant a month ago.
I'd like to know what should I do for this situation? I can't live with her any more ,Does she has any rights according to this case ?Can I kick her out without any problem or should I follow any procedures else?
Thank you in advance...
Hello, thank you for choosing Lawline!
Since you are not married on paper I assume you live together as partners. Therefor the law regarding common law wives/husbands is applicable.
When a partnership like this ends you have the opportunity to request a property settlement (8 § sambolagen). The property that will become the subject of the settlement is the collective resident and household effects. If you had your apartment before your relationship it should not be a part of the settlement.
In your case it seems like you and your girlfriend cannot come to an agreement. It might be a good idea to turn to the court with a request of a property settlement executor (26 § sambolagen). This means the court will assign someone to make a decision regarding your property settlement, this decision will be binding but if your are not happy with the outcome you have the opportunity to appeal.
I hope you got an answer to your question,