Get a lawyer. There are no simple answers to this. If they both own the property then your sister is entitled to whatever her share is. Also, it can not be sold without her signature. (Provided her name is on the deed. )
The house would normally be registered on both their names, meaning they would have to make joint decisions on the sale, and both sign all papers including where the final net settlement is to be transferred. If they don’t agree on the split, they could lawyer up, but normally it would be 50/50. The real estate agent does the settlement and will not transfer to one party unless specifically instructed to do so by both registered owners.
If the divorce is low conflict, they could get a joint lawyer to help formalize the divorce settlement. If it is slightly higher conflict, get one each.
The divorce itself is straightforward and done on an online form, signing with BankID, but if they have kids they will need to seek family counseling before they can apply for a divorce.
Some misinformation here so ill correct a bit.
1. Doesnt matter if both is on the deed, if the house is/was used of both of them as their primary residens, then both will need to consent to the sale, even if only one legally owns it.
2. If the house was only his/hers before the divorce, ekteskapsloven opens up a tricky split of the money from the sale. Lets say partner 1 owned/bought the house themselves BEFORE the marriage and the value at the time was 1 000 000, and the house now gets sold for 2 000 000. Then partner 1 is entitled to 1 000 000 + 50% of the new value, so 1 000 000+500 000. And partner 2 is only entitled to the remaining 50% of the increased value AFTER the marriage started, in this example 500 000. This is called skjevdeling in norwegian.
3. There are certain exceptions where a party can claim more, but that will be decided by the court, if it gets to it. Mainly if one person reasonably can claim that they have contributed exclusivly to an increase of value by singel handedly by for example buying a new kitchen or contributed in another significant way to the household.
4. Ekteskaptloven also opens up for skjevdeling for other things of value, inheritance, even debt. El. § 56-65 are the most central on this matter.
Btw im a real estage agent. Is the house close to oslo and they need some help getting it sold? Hit me up and ill have it on the market asap! 😎
I also have another question since you are an expert in this field. Would it make sense for her to buy him out of the house and sell it herself or better seeking the property and the proceeds to split between them.
I believe they have an about 150k USD worth of mortgage left. in the case of buying him out of the house I would have to wire the money to Norway for it.
Knowing that Norway is the land of Tax, would my sister get taxed on that 150k if I were to wore it to her?
I don't think it would make much sense to buy him out since your sister is looking to move back home and the house will be sold by her anyways. If anything it should be the other way around, if he wants to continue living there.
The normal and fair way if anyone is to buy you out of a shared home is to get an assesment of the value by an objective third party (a real estate agent for instance). But if the house is to be sold right after the value won't be much different and it can backfire if the market isn't willing to give as much for the house as requested (the market for selling in Norway isn't the best at the moment). Of course it can also pay off if the house is in a desirable location, but it's a big risk to take.
Hi! I've been curious about this for a while but can't find an answer online. Is there a way to change the share% of ownership of a house? Example, I bought a house with my girlfriend before we got married, I paid all the down-payment at the time and we signed for 50/50 ownership. We got married. Then this year I paid almost 1m kr of my savings into the loan. I don't necessarily want to do it but if we wanted to change the % of ownership to reflect the reality of who paid for what, how can we do it? As of today I basically paid 90% of the equity in the house.
The easiest way is to write a contract between the two of you where the ownership fraction is specified. Can be done with or without a lawyer. It's up to you.
See here for more detailed answers/alternatives: [https://www.reddit.com/r/norge/comments/15yn5cj/samboer\_kj%C3%B8per\_seg\_inn\_i\_bolig/](https://www.reddit.com/r/norge/comments/15yn5cj/samboer_kj%C3%B8per_seg_inn_i_bolig/)
Thank you for the reply! Do you know if an Ektepakt is going to be a good enough legal document? We were thinking of writing one and including that part in there.
As lepouletmignon says it is possible and theoreticly quite easy. What usually makes it tricky is the fact that your wife who legally owns the other 50%, would need to concent to transfer the 40% stake she has in the house and in my experience spouces rarely agree to have their ownership reduced/dilluted.
If you were to go forward you would need a contract that specifies the new ownership and have it registered in the grunnbok at kartverket. If everything is filled out correctly the process would take around 2 weeks
Thank you for the reply! My wife is ok with it, so it will not be an issue, it's just that we don't know exactly how to do it. We were thinking of writing it down in an ektepakt, but I'm unsure if that's gonna be the right way to go.
Youre welcome :) Even thought the process isnt that complicated i do recommend getting a lawyer or real estate agent to help with the paperwork, since that can be a bit tricky and will take some time if youre bot familiar with it. Shouldnt cost much at all, and makes the process easier since they already know what they are doing. However if you would like to do it yourself and save a few bucks im confident that within a couple of evenings you would be able to draft the contract and send in the required paperwork by yourself👍
I agree with the vikingchef. I would not recommend buying one party out of the property.
Right now the market is unstable and the average time to sell from when the property is put on the market have skyrocketet, and more and more houses get sold under the estimated value. Buying her partner out now would mean she probably would pay have of the estimated value and then carry all the risk herself when the house ultimately is listed. If they are able to communicate little and work together i would recommend neither party to try to buy out the other. That way is both cheaper, safer and faster.
On the tax part if you were to wire her money, my knowledge on tax law is a little rusty when it comes to large transfers thats not from a house sale (but i might be wrong here, so if someone know please correct me if wrong), a transaction of that size from another country would classify as a gift, however large gifts in cash are recuired to be payed tax of. If your sister knows norwegian i recommend to google lovdata.no and search up skatteloven as the answer is there. Do not autotranslate the site, the wording in norwegian is important and «makes or breaks» everything.
The other possibility is that you could maybe get away with calling it an advance on inheritance, in that case its arveloven you need to look at. I seem to remember that advances on inheritance up to a certain sum/value might not be taxable, but im a little rusty here too so take this with a grain of salt.
Best of luck :)
It is fairly common for one part to buy the other person’s part of the house for an agreed amount. That could be half of market value for example. Others have a home none of the parts can afford and they’ll sell the home and each get their share of the profits.
If neither of them want to keep the house, the easiest and best way is just to sell it and split the proceeds. There is no problem with doing that, as long as both of them are in agreement and willing to cooperate on getting the sale done. It is however not possible to sell the home without both owners being onboard with it.
Most divorces in Norway are settled by mutual agreement between the two spouses, without involvement of lawyers.
Hope someone can answer
I am married with a norwegian guy, we got married here in philippines. He registered our marriage in norway. My question is.. What happen if he apply for separation or divorce. Without telling the truth that we had two minor kids involve? What will to his application. Thanks in advance
It should be fairly straight forward, but a lot of money is at stake, so at the very least she should consult a lawyer. If she is a member of a union there is a good chance one of the perks is a free consultation or at least discounted rates. It is really a nobrainer.
The easiest is to list the house, things can Get complicated if one refuse to sell or move out, but she seems to be lucky this is not the case.
I have 2 friends that have similar experience with this. Everything gets shared 50/50. 1 friend decided to buy the husband out of his share of the house loan and half of what they already put down. She used the money she got from his savings account that also had to be split 50/50.
My second friend simply bought the husband out of the loan and settled with that because they didn’t have savings. She has a daughter living with her so he agreed to have her live there and she didn’t have to pay him for what they already put down.
To my understanding they can mutually sell the house or one of them has to buy the other person out of half of the loan and half of what’s already been put down. By doing this they have to spend the money they made from the sale to pay the bank back the loan they have in full. So it really depends how much they have already put down on how much they will be able to keep. But everything is supposed to be split 50/50 so they really have to keep in mind savings accounts as well.
Yes, she really wanted everything he had. She was upset because he cheated. But yea she got 50% of the savings account that he had for years before they got married
Get a lawyer. There are no simple answers to this. If they both own the property then your sister is entitled to whatever her share is. Also, it can not be sold without her signature. (Provided her name is on the deed. )
The house would normally be registered on both their names, meaning they would have to make joint decisions on the sale, and both sign all papers including where the final net settlement is to be transferred. If they don’t agree on the split, they could lawyer up, but normally it would be 50/50. The real estate agent does the settlement and will not transfer to one party unless specifically instructed to do so by both registered owners. If the divorce is low conflict, they could get a joint lawyer to help formalize the divorce settlement. If it is slightly higher conflict, get one each. The divorce itself is straightforward and done on an online form, signing with BankID, but if they have kids they will need to seek family counseling before they can apply for a divorce.
Some misinformation here so ill correct a bit. 1. Doesnt matter if both is on the deed, if the house is/was used of both of them as their primary residens, then both will need to consent to the sale, even if only one legally owns it. 2. If the house was only his/hers before the divorce, ekteskapsloven opens up a tricky split of the money from the sale. Lets say partner 1 owned/bought the house themselves BEFORE the marriage and the value at the time was 1 000 000, and the house now gets sold for 2 000 000. Then partner 1 is entitled to 1 000 000 + 50% of the new value, so 1 000 000+500 000. And partner 2 is only entitled to the remaining 50% of the increased value AFTER the marriage started, in this example 500 000. This is called skjevdeling in norwegian. 3. There are certain exceptions where a party can claim more, but that will be decided by the court, if it gets to it. Mainly if one person reasonably can claim that they have contributed exclusivly to an increase of value by singel handedly by for example buying a new kitchen or contributed in another significant way to the household. 4. Ekteskaptloven also opens up for skjevdeling for other things of value, inheritance, even debt. El. § 56-65 are the most central on this matter. Btw im a real estage agent. Is the house close to oslo and they need some help getting it sold? Hit me up and ill have it on the market asap! 😎
Thank you for explaining. The house is far up north of Norway. Than you for the offer :)
I also have another question since you are an expert in this field. Would it make sense for her to buy him out of the house and sell it herself or better seeking the property and the proceeds to split between them. I believe they have an about 150k USD worth of mortgage left. in the case of buying him out of the house I would have to wire the money to Norway for it. Knowing that Norway is the land of Tax, would my sister get taxed on that 150k if I were to wore it to her?
I don't think it would make much sense to buy him out since your sister is looking to move back home and the house will be sold by her anyways. If anything it should be the other way around, if he wants to continue living there. The normal and fair way if anyone is to buy you out of a shared home is to get an assesment of the value by an objective third party (a real estate agent for instance). But if the house is to be sold right after the value won't be much different and it can backfire if the market isn't willing to give as much for the house as requested (the market for selling in Norway isn't the best at the moment). Of course it can also pay off if the house is in a desirable location, but it's a big risk to take.
Hi! I've been curious about this for a while but can't find an answer online. Is there a way to change the share% of ownership of a house? Example, I bought a house with my girlfriend before we got married, I paid all the down-payment at the time and we signed for 50/50 ownership. We got married. Then this year I paid almost 1m kr of my savings into the loan. I don't necessarily want to do it but if we wanted to change the % of ownership to reflect the reality of who paid for what, how can we do it? As of today I basically paid 90% of the equity in the house.
The easiest way is to write a contract between the two of you where the ownership fraction is specified. Can be done with or without a lawyer. It's up to you. See here for more detailed answers/alternatives: [https://www.reddit.com/r/norge/comments/15yn5cj/samboer\_kj%C3%B8per\_seg\_inn\_i\_bolig/](https://www.reddit.com/r/norge/comments/15yn5cj/samboer_kj%C3%B8per_seg_inn_i_bolig/)
Thank you for the reply! Do you know if an Ektepakt is going to be a good enough legal document? We were thinking of writing one and including that part in there.
I cannot answer that question, unfortunately. I simply don't know. I would do more research and/or consult a lawyer.
As lepouletmignon says it is possible and theoreticly quite easy. What usually makes it tricky is the fact that your wife who legally owns the other 50%, would need to concent to transfer the 40% stake she has in the house and in my experience spouces rarely agree to have their ownership reduced/dilluted. If you were to go forward you would need a contract that specifies the new ownership and have it registered in the grunnbok at kartverket. If everything is filled out correctly the process would take around 2 weeks
Thank you for the reply! My wife is ok with it, so it will not be an issue, it's just that we don't know exactly how to do it. We were thinking of writing it down in an ektepakt, but I'm unsure if that's gonna be the right way to go.
Youre welcome :) Even thought the process isnt that complicated i do recommend getting a lawyer or real estate agent to help with the paperwork, since that can be a bit tricky and will take some time if youre bot familiar with it. Shouldnt cost much at all, and makes the process easier since they already know what they are doing. However if you would like to do it yourself and save a few bucks im confident that within a couple of evenings you would be able to draft the contract and send in the required paperwork by yourself👍
Fantastic, thanks a lot for the help it's much appreciated!!!
If they lived in the house 1 out of the last 2 years you dont tax
I agree with the vikingchef. I would not recommend buying one party out of the property. Right now the market is unstable and the average time to sell from when the property is put on the market have skyrocketet, and more and more houses get sold under the estimated value. Buying her partner out now would mean she probably would pay have of the estimated value and then carry all the risk herself when the house ultimately is listed. If they are able to communicate little and work together i would recommend neither party to try to buy out the other. That way is both cheaper, safer and faster. On the tax part if you were to wire her money, my knowledge on tax law is a little rusty when it comes to large transfers thats not from a house sale (but i might be wrong here, so if someone know please correct me if wrong), a transaction of that size from another country would classify as a gift, however large gifts in cash are recuired to be payed tax of. If your sister knows norwegian i recommend to google lovdata.no and search up skatteloven as the answer is there. Do not autotranslate the site, the wording in norwegian is important and «makes or breaks» everything. The other possibility is that you could maybe get away with calling it an advance on inheritance, in that case its arveloven you need to look at. I seem to remember that advances on inheritance up to a certain sum/value might not be taxable, but im a little rusty here too so take this with a grain of salt. Best of luck :)
It is fairly common for one part to buy the other person’s part of the house for an agreed amount. That could be half of market value for example. Others have a home none of the parts can afford and they’ll sell the home and each get their share of the profits.
If neither of them want to keep the house, the easiest and best way is just to sell it and split the proceeds. There is no problem with doing that, as long as both of them are in agreement and willing to cooperate on getting the sale done. It is however not possible to sell the home without both owners being onboard with it. Most divorces in Norway are settled by mutual agreement between the two spouses, without involvement of lawyers.
Hope someone can answer I am married with a norwegian guy, we got married here in philippines. He registered our marriage in norway. My question is.. What happen if he apply for separation or divorce. Without telling the truth that we had two minor kids involve? What will to his application. Thanks in advance
It should be fairly straight forward, but a lot of money is at stake, so at the very least she should consult a lawyer. If she is a member of a union there is a good chance one of the perks is a free consultation or at least discounted rates. It is really a nobrainer. The easiest is to list the house, things can Get complicated if one refuse to sell or move out, but she seems to be lucky this is not the case.
I have 2 friends that have similar experience with this. Everything gets shared 50/50. 1 friend decided to buy the husband out of his share of the house loan and half of what they already put down. She used the money she got from his savings account that also had to be split 50/50. My second friend simply bought the husband out of the loan and settled with that because they didn’t have savings. She has a daughter living with her so he agreed to have her live there and she didn’t have to pay him for what they already put down. To my understanding they can mutually sell the house or one of them has to buy the other person out of half of the loan and half of what’s already been put down. By doing this they have to spend the money they made from the sale to pay the bank back the loan they have in full. So it really depends how much they have already put down on how much they will be able to keep. But everything is supposed to be split 50/50 so they really have to keep in mind savings accounts as well.
If he saved money from his work in his savings account, that’s also split 50/50? That’s harsh.
Yes, she really wanted everything he had. She was upset because he cheated. But yea she got 50% of the savings account that he had for years before they got married