Partition - probate settlement

When spouses divide the assets they jointly own at the end of the marriage, the main rule is that the assets are divided by two. After deduction of debts, the spouses' total assets are divided by two. If the spouses each own half of the home, they will receive half of the net value of the estate. Other assets owned by the spouses must also be included in the probate settlement and divided in the same way.

One of the exceptions to equal division is the so-called equalisation claim. An equalisation claim is assets that a spouse can exclude from the assets that are subject to equal division. Such assets must either have been brought into the marriage by one spouse, or received as an inheritance or gift during the marriage. In addition, the assets must be retained at the time of the division.

Two examples can illustrate how bias can play out. Firstly, let's look at housing. The spouses bought a property for NOK. 3,000,000 10 years ago. They brought with them NOK. 100,000 in equity each, and borrowed kr. 2 800 000. At the time of the division, the property is worth NOK. 5,000,000 and the debt reduced to NOK. 2 000 000. Without the division, the spouses will keep NOK. 1 500 000. If one of the spouses had NOK. 300,000 in equity and the other had NOK. 100,000, one of the spouses would have an equalisation claim of 6.67 % of the value of the home. In such a case, the spouse who contributed more equity would be left with NOK 333,333 in equalisation funds. 333,333 in equalisation funds and NOK. 1,333,333 as their share of the equal division funds. In total, the spouse who contributed more equity will receive NOK 1,666,666. 1,666,666 after the debt has been covered, and the spouse who contributed the least equity retains NOK 1,333,333. 1 333 333.

Another example is money in an account. If a spouse receives NOK. 500,000 as an inheritance during the marriage and this is invested in a mutual fund, the spouse will be able to exclude the value of the mutual fund from the equal division at the time of probate.

Equalisation must be claimed by those who have assets that can be excluded. Therefore, contact a lawyer to assess whether you have a claim for equalisation that can legitimately be made in your probate case.