ESTATE DIVISION IN THE EVENT OF DIVORCE OR DEATH

In the event of a divorce you and your spouse must carry out an estate division. This can be done as soon as the application for divorce has been submitted to the district court. An estate division means that your marital property must be divided up equally between you. This subdivision will not include property that you have decided through a prenuptial agreement shall be personal property. Neither shall property that one of you has received as a gift or through an inheritance or will under the condition that it shall be personal form part of the estate division.

Estate division must also take place if one of the spouses dies.

An agreement on estate division must be in writing and be signed by both of you. Many differences of opinion can arise between spouses when there is to be an estate division, e.g. which property is to be included or how specific property is to be valued. It is thus advisable to hire a lawyer.