Ombildad hyresrätt – påverkar den en delning av egendom? : Vid äktenskapsskillnad eller upplösning av samboförhållande

• Main Author: Walden, Maria
• Format: Others
• Language: Swedish
• Published: Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap 2010
• Subjects: Bodelning; ombildning av hyresrätt till bostadsrätt; Private law; Civilrätt
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12228

  When a couple divorce or when couples move apart a division of property can be done. A married couple's property constitutes of joint property and private property. In a division of property between spouses is only the value of the joint property included, not the value of the private property. In a division of property between couples that live together but not a married their joint property that are bought to be used by them together will be included. It is the value of the joint property that will be shared in the division of property. Other property that the couple has will either be kept by the person who bought it or if they hold the property in joint ownership, the value will be divided between them, but outside the rules of partition of property in the Swedish law. A rented apartment that has been converted into a co-operative apartment during the marriage and the time that the married couple lived in the apartment should be divided between them in a division of property. They have during the marriage done a purchase of the apartment and the co-operative apartment should be seen as joint property. A rented apartment that has been converted in to a co-operative apartment during the time that the couple, that not is married, lived in the apartment will affect the division of property in different ways. If the rented apartment was obtained to be used by the couple together the co-operative apartment shall be included in the division of property. If the rented apartment was not obtained to be used by the couple together, it could be that one of them lived in the apartment before the relationship, the co-operative apartment should not be included in the division of property. A rented apartment that are under transformation when the relationship ends have an economic value during the process. It should however be some security that the apartment will be a co-operative apartment before the value can be included in the division of property. What determines whether a converted co-operative apartment should be included in the division of property is if the rented apartment was obtained for the couple to use together or not. When a couple purchases the converted co-operative apartment together a joint ownership to the property can occur. If the joint ownership can be proved, the value of the apartment will be shared according to the Swedish law.