Hej, anyone had any experience in what happens with your first hand contract after a divorse? My exwife originally agreed we will try exchange our first hand contract (that is in my name) for 2 on lägenhetsbyte... but now has said she want the first hand contract to herself and will go to court about it. She has a 15 year queue spot that she doesnt want to use. Meanwhile I will be left with nothing. Doesnt seem right?
I took a short term second hand contract for a few months just to get space so im currently there while she is in the first hand apartment.
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The original was posted on /r/sweden by /u/londonformat at 2023-07-05 17:13:31+00:00.
Sixten132 at 2023-07-05 19:32:16+00:00 ID:
jqsnsm0In order for your wife to get the contract, she would need "reasonable grounds" to take it from you. Basically one or more special reasons that clearly shows she would need the apartment more than you would be hurt by giving it up. The default case is that you keep the contract since your name is on it.
Reasonable grounds could be if you have children, and those children will be staying with your wife after the divorce. Other things that would be taken into account would be the health of your partner, commuting distance to work, your partner's ability to find a new place to live compared to you etc. All of these things will be judged as a whole, so it's not enough that she will have a longer commute should she be forced to move.
By the way you describe the situation, she will have no problem finding and affording a new place to live. You can rest assured she will have no success should she take it to court.
If she somehow does get the contract, you will be assigned a larger share of any other shared property to compensate you.
This is all noted in the marriage code, 11th chapter, paragraph 8:
https://lagen.nu/1987:230#K11P8S1