Inheritance and Private property

2016-09-29 i Enskild egendom
FRÅGA
Hi! I have recently received an amount of inheritance money from my deceased parents and I plan to buy an apartment here in Sweden with that sum of money. I wonder if my husband will have the right to share half (or certain percentage ) the apartment with me in case we get divorced in the future? I know the law concerning divorce and property settlement in Sweden mentions that inheritance is regarded as personal property, not marital property and thus will not be shared among the spouse in case of divorce. But I am not sure if the apartment is regarded as inheritance in case I use the inherited money to buy an apartment.
SVAR

Hi!

According to seventh chapter, second section, first paragraph, article four of the Marriage Code (äktenskapsbalken 1987:230)) property that a spouse has inherited and that according to a will should be private, is considered that spouses private property and will not be shared between the spoused in case of a divorce.

In the question you say that you have recieved an amount of inheritance money from your parents. It is important to notice that the intheritance money will not be considered as your private property if it has not been stipulated as such in your parents' will. And so the money or the apartment you buy with that money will be considered martial property and will be shared in case of divorce (unless there is a marriage contract).

If the inhertiance money is considered private property and you buy an appartment with that inherited money, the appartment will also be considered private property (seventh chapter, second section, first paragraph, article six of the Marriage Code).

If the money have not been inherited as private property you can have it made private property by a marriage contract (äktenskapsförord).

I hope the answer was of any help. If you have any further questions, please feel free to contact Lawline again.

Regards,

Bartu Bugdayli
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