Division of property agreement in divorce – step-by-step 2026
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Fact check completed: October 1, 2026 · Marriage Code Chapters 9–13.
A division of property agreement documents how the spouses' divisible property is actually distributed. During a divorce, the work begins by identifying the critical date, separating marital property from separate property, handling debts, and then determining the shares.
1. Apply for divorce before the division of property resulting from the divorce
The Swedish Tax Agency states that spouses who are dividing property because they are getting a divorce must first submit an application for divorce to the district court. The division of property can then be carried out even while the divorce case is ongoing; if either spouse requests a division of property, it must be performed immediately according to Chapter 9, Section 4.
2. Establish the critical date
The division of property is based on the property situation on the day the divorce petition was filed. In the case of a joint application, it is the day the application was received by the district court. For an individual application, there are specific procedural rules for when the petition is considered filed.
The critical date is central to which assets and debts belong to the basis for the division of property. Do not confuse that issue with the subsequent valuation of the assets.
3. Separate marital property from separate property
According to Chapter 10, Section 1, the spouses' marital property shall be included in the division of property. Property that is separate normally falls outside.
Property can be separate due to, for example:
- a registered prenuptial agreement,
- conditions in a gift from someone other than the spouse,
- conditions in a will or inheritance, or
- property that has replaced such separate property, depending on the conditions.
The fact that an asset is in only one spouse's name does not automatically make it separate. Ownership and the status of the property as marital property are separate issues.
4. Manage the debts
Each spouse's debts are managed according to Chapter 11, Section 2. In simplified form, the spouse receives coverage for relevant debts from their marital property before the net is added together for the calculation of shares. The connection between debt and separate property can affect the extent to which the debt may be deducted from the marital property.
5. Calculate the spouses' shares
Once debt coverage has been completed, the remaining net marital property is added together and, as a main rule, divided equally between the spouses according to Chapter 11, Section 3.
6. Determine who gets which assets
An equal share of the net value does not mean that all items are physically divided into two parts. The assets are allocated into lots. For example, one spouse may receive the home while needing to compensate the other financially so that the lots correspond to the calculated shares.
Taking over a home may require practical measures regarding the bank, housing cooperative, or land registration authority. The division of property agreement does not automatically release a co-borrower from liability to the bank.
7. Value the assets in a substantiated manner
Keep the question of which property is to be included separate from the question of what value the property should be given. For homes, companies, securities, and other major items, the valuation method and valuation date should be stated if there is a risk of disagreement.
Be careful with standard templates regarding latent tax, selling costs, and other future costs. How such items should affect a division of property value can depend on the circumstances and the parties' agreement or legal assessment.
8. Write the division of property agreement
The final document should clearly state:
- the identity of the parties and that the division of property is taking place due to divorce,
- the critical date,
- which property and debts have been considered,
- which property is separate and therefore excluded,
- valuations where necessary,
- each spouse's share,
- how the assets are placed into each respective lot,
- any balancing payment (bodelningslikvid) and payment terms,
- takeover of home, loans, and practical measures,
- that both spouses sign the document.
Does the division of property agreement need to be registered?
No. A division of property document resulting from a divorce can be registered with the Swedish Tax Agency, but registration is voluntary. By registering, the Swedish Tax Agency does not verify that the document is substantively correct or binding in every civil law respect.
What happens if you do not agree?
A spouse can apply for a property division administrator (bodelningsförrättare) at the district court. The administrator shall attempt to get the spouses to agree and can otherwise make a decision on the division of property. Such a forced division of property can be challenged in court within specific time limits.
Division of property during an ongoing marriage is a different process
If spouses wish to divide property without any divorce case being ongoing, they must first notify the Swedish Tax Agency in writing that they wish to divide property during the marriage. Only after that should the actual division of property document be drawn up. The critical date is then the day the notification was received.
See also Divorce FAQ 2026 and the in-depth guide on critical date, valuation, and property division administrators.
Mallbutiken's Division of Property Agreement in Divorce – Word/PDF costs 79 SEK. Use the template only when you have identified the correct property, debts, and distribution.
