RIGHT OF DETENTION IN SHARED HOME

In the event of divorce, the parties can agree on which one of them will continue to live in the shared home until the divorce is settled. The rules on the right of detention state that the party who has the greatest need for the shared home is the one who will be allowed to stay. The parties may have different views as to who has the greatest need for the shared home and the court may therefore have to try the case. When assessing who has the greatest need for the shared housing, the court usually looks at whether the parties have children and with whom the children will live, as well as which of the parties would have the easiest finding a new home.

The person who is not granted the right of detention must move out immediately and has no right to enter the home without the consent of the other spouse.

The party who is granted the right of detention may be required to pay compensation to the party who has to move out of the home.

Wachtmeister Advokatbyrå has extensive experience in these matters. We can help you both with the question of who will remain in the home and with the calculation of the compensation for the right of use.