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

(1)

(2)

(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 1993. 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

ORDINARY GIFTS

LARGER GIFTS REQUIRE MARRIA- GE

RELATIONS TO CREDITORS

(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 54170 krone in 2002.

National Insurance NOK 72 881 in May 2009.

(18)

RIGHTS OF INHERITANCE ACCORDING TO A WILL

FORMAL RULES FOR WILLS

(19)

RELEVANT LAWS

OTHER FOLDERS

FREE LEGAL AID

You can find them at www.lovdata.no, 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.

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.

RELEVANT LAWS

OTHER FOLDERS

FREE LEGAL AID

(20)

KONTORET FOR FRI RETTSHJELP

FREE LEGAL ADVICE

FAMILY COUNCEL- LING SERVICES

This folder was published by

the Ministry of Children and Family Affairs

Adviser: the Central Government Information Service Design: David Keeping

Printed by: S. Hansen Grafiske Circulation: 1000/2003

Printed on paper produced without chlorine Q-0796-E

Free legal advice is also obtainable from Juss-Buss in Oslo.

Jussformidlingen in Bergen, and Juss-Hjelpa i Nord-Norge, located in Tromsø, all services provided mainly by law students. The adresses and telephone numbers are: for Juss- Buss, Arbinsgt. 7, 0253 Oslo, tlf. 22 84 29 00, Juss-Hjelpa i Nord-Norge, Universitetet i Tromsø, Breivika Senter, 9037 Tromsø, tlf. 77 64 45 61. Jussformidlingen, Magnus Lagabøtes plass 1, 5010 Bergen, tlf. 55 58 96 00

Women can also obtain free advice from Juridisk Rådgivning for Kvinner, run by a group of female law students and graduates. JURK answers inquiries from all over Norway, adresses to Postboks 2691 Solli, 0204 Oslo. tlf. 22 84 29 50.

If you live in or near Oslo, you can also consult Oslo’s muni- cipal legal aid office: Fri rettshjelp, Storgaten 19, 0184 Oslo, tel. 23 48 79 00 eller e-mail: [email protected].

kommune.no

Free legal advice is also obtainable from Juss-Buss in Oslo, Jussformidlingen in Bergen, and Juss-Hjelpa i Nord-Norge, located in Tromsø, all services provided mainly by law students. The addresses and telephone numbers are: for Juss- Buss, Arbinsgate 7, 0253 Oslo, tel. 22 84 29 00;

for Jussformidlingen, Sydneshaugen 10, 5007 Bergen, tel. 55 58 96 00; and for Jus-Hjelpa i Nord-Norge, Universitetet i Tromsø, Breivika Senter, 9037 Tromsø, tel. 77 64 45 59.

This brochure was published by:

Norwegian Ministry of Children and Equality Only in electronic version at www.regjeringen.no/bld

Design by David Keeping Publication number: Q-0796 E

Published: 12/2009