Will a gift be a part of division of proprety in a divorce?

Question

Hi,

Im in the process of divorcing and in the process to divide our asset. Before getting married I got as present from my dad that now is not living any more an house that now I owned 100%. Is this house supposed to be split or does my ex wife has not right on it?

Thanks

Answer 1

Hi!

According to the seventh chapter, second section, first paragraph, article two of the Marriage Code (äktenskapsbalken 1987:230)) property that a spouse has received as a gift and with the condition that the proprety shall be private, is considered that spouses private property and will not be shared between the spoused in case of a divorce.

You have recieved a house from your dad as a gift. It is important to know that the house will not be considered as your private property if your dad has not made a condition when you received the gift that it shall be your private proprety. Such a condition is usually made in a deed of gift, because it becomes a proof that the gift is the receivers private proprety. If a condition have not been made when you received your gift that it shall be your private proprety it will be considered martial proprety and will be a part of the division of proprety when you get divorced, and as such your wife will have the right to half of the house.

If the house have not been received with the condition that it shall be private property you can have it made private property by a marriage contract (äktenskapsförord) if your wife agrees to it.

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

Regards,