Information on property relations between spouses according to the Marriage Act (Act no. 47 of 4 July 1991).

Transcription

1

2 Information on property relations between spouses according to the Marriage Act (Act no. 47 of 4 July 1991).

3 Legal texts are not always easy to understand. That is one reason why we have issued this little folder, containing information on some of the main points conserning property relations between spouses according to the Marriage Act which came into force on 1 January The Act also applies to marriages which were contracted earlier, but not if cohabitation on was terminated before 1 January 1993.

4 MUTUAL SUPPORT OBLIGATIONS RIGHT TO INFORMATION EXTENT OF THE SUPPORT OBLIGATION FAILURE TO MEET SUPPORT OBLIGATIONS

5 A SPOUSE MAY NOT CONTRACT A DEBT WHICH COMMITS THE OTHER SPOUSE EXEPTIONS WHERE NOTHING HAS BEEN DECIDED TO THE CONTRARY, SPOUSES HAVE JOINT PROPERTY

6 JOINT PROPERTY IS NOT COMMON PROPERTY RELATIONS WITH CREDITORS

7 HOW COMMON PROPERTY ARISES THE IMPORTANCE OF WORK IN THE HOME RELATIONS WITH CREDITORS

8 SIGNIFICANCE OF SEPARATE PROPERTY MARIAGE SETTLEMENTS SEPARATE PROPERTY IN FULL OR IN PART

9 SEPARATE PROPERTY DECIDED BY A DONOR OR TESTATOR SEPARATE PROPERTY AND COMMON PROPERTY REASONS FOR ESTABLISHING SEPARATE PROPERTY EACH SPOUSE DISPOSES OF HIS OR HER PROPERTY SPECIAL RULES FOR THE RESIDENCE AND HOUSEHOLD GOODS

10 RIGHT OF DISPO- SAL OF COMMON PROPERTY

11 ORDINARY GIFTS LARGER GIFTS REQUIRE MARRIA- GE RELATIONS TO CREDITORS

12 THE VALUE OF THE PROPERTY OF EACH SPOUSE MUST BE DEVIDED EQUALLY DEDUCTION OF DEBT

13 THE VALUE OF WHAT SPOUSES OWNED BEFORE MARRIAGE, AND OF INHERITANCE AND GIFTS, IS NOT DIVIDED OTHER EXCEPTIONS

14 THE OWNER OF AN ITEM IS ENTITLED TO IT ITEMS OF COMMON PROPERTY SPECIAL RULES FOR JOINT RESIDENCE AND HOUSEHOLD GOODS

15

16 IN PRINCIPLE, THE RIGHT TO REMAIN IN POSSESSION OF THE UNDIVIDED ESTATE ONLY RELATES TO JOINT PROPERTY RIGHT ACCORDING TO A MARRIAGE SETTLEMENT TO REMAIN IN POSSESSION OF SEPARATE PROPERTY UNDIVIDED SEPARATE PROPERTY TO BECOME JOINT PROPERTY ON THE DEATH OF ONE OF THE SPOUSES

17 CHILDREN OF DIFFE- RENT MARRIAGES REMARRIAGE DIVISION OF THE ESTATE SPOUSES`RIGHTS OF INHERITANCE If the deceased has heis of the body (children, grandchildren etc.), the surviving spouse inherits 1/4 of the deceased`s estate, subject to a lower limit of 4 times the basic amount under National Insurance NOK krone 881 in May

18 RIGHTS OF INHERITANCE ACCORDING TO A WILL FORMAL RULES FOR WILLS

19 RELEVANT LAWS You can find them at buy offprints of these Acts at bookshops, or read them at a library. Law texts can however be difficult to find one s way about in, and many people would find it more helpful to read books which give popular explanations of the legal rules. Such books are published from time to time. Information on which books are available can be obtained at a bookshop or library. OTHER FOLDERS OTHER FOLDERS A number of folders have been published on the Marriage Act. The Ministry of Children andequality Affairs has published the folders «Separation and Divorce» and «Mediation for Parents», both of which may be of interest to people in a divorce situation. FREE LEGAL AID

20 KONTORET FOR FRI RETTSHJELP FREE LEGAL ADVICE FREE LEGAL ADVICE If you live in or near Oslo, you can also consult Oslo s municipal legal aid office: Fri rettshjelp, Storgaten 19, 0184 Oslo, tel eller frirettshjelp@sby.oslo. kommune.no Free legal advice is also obtainable from Juss-Buss in Oslo. Free Jussformidlingen legal advice is in also Bergen, obtainable and Juss-Hjelpa from Juss-Buss i Nord-Norge, in Oslo, Jussformidlingen located in Tromsø, in all Bergen, services and provided Juss-Hjelpa mainly i Nord-Norge, by law students. The in adresses Tromsø, and all telephone services provided numbers are: mainly for Juss- by law located students. Buss, Arbinsgt. The addresses 7, 0253 and Oslo, telephone tlf numbers 29 00, Juss-Hjelpa are: for Juss- i Buss, Nord-Norge, Arbinsgate Universitetet 7, 0253 i Tromsø, Oslo, Breivika tel. 22 Senter, ; Tromsø, tlf Jussformidlingen, Magnus for Jussformidlingen, Sydneshaugen 10, 5007 Bergen, Lagabøtes plass 1, 5010 Bergen, tlf tel ; and for Jus-Hjelpa i Nord-Norge, Universitetet i Tromsø, Breivika Senter, 9037 Tromsø, tel Women can also obtain free advice from Juridisk Rådgivning for Kvinner, run by a group of female law students and Women can also obtain free advice from Juridisk Rådgivning graduates. JURK answers inquiries from all over Norway, for Kvinner, run by a group of female law students and adresses to Postboks 2691 Solli, 0204 Oslo. tlf graduates. JURK answers inquiries from all over Norway, adresses to Postboks 2691 Solli, 0204 Oslo. tlf FAMILY COUNCEL- LING SERVICES FAMILY COUNCEL- LING SERVICES Q-0796-E This folder was published by the Ministry This of brochure Children was and published Family Affairs by: Norwegian Ministry of Children and Equality Adviser: the Central Government Information Service Design: Only in electronic David version Keeping at Printed by: S. Hansen Grafiske Circulation: 1000/2003 Design by David Keeping Publication number: Q-0796 E Published: 12/2009 Printed on paper produced without chlorine