A common misconception associated with marriage is that everything one spouse owns will now have to be shared with the other spouse. In other words, there is a perception that when two people get married, they automatically become owners of 50% of each other's assets. This is not true. 

Free disposal of own assets

Marriage does not, in principle, impose any restrictions on a spouse's ability to dispose of their own property. This means that spouses can dispose of their own assets and property as they wish, whether this is sensible or not. The property can be used, sold, rented out, invested, given away or destroyed.

Conversely, marriage does not give either spouse the right to dispose of the other spouse's property. Even if they are married, the spouses therefore have no right to sell, give away or use property owned by the other spouse. 

However, the Marriage Act establishes certain exceptions to this clear general rule regarding the free use of one's own assets. 

Exceptions to the right of disposal in shared housing

Section 32 of the Marriage Act stipulates that a spouse needs the written consent of the other spouse to sell, give away, mortgage or rent out a property that the spouses use as their joint residence. 

The purpose of the exemption is to protect the non-owning spouse from losing their shared home without their express knowledge and consent. 

In practical terms, this is normally resolved by both spouses having to sign the documents when changes relating to joint property are to be registered in the Brønnøysund Register. 

If the spouses cannot agree or consent cannot be obtained, the matter may be referred to the court. The court shall allow the action if it finds that there are no reasonable grounds for the other spouse to refuse and consent to the disposition.

Exceptions to the right of disposal for ordinary household contents

Exceptions to the right of free disposal also apply to the spouses' ordinary household effects in their shared home or items intended for use by the children. If one spouse wishes to transfer, rent out or pledge such items, the other spouse must give their consent, in accordance with Section 33 of the Marriage Act.  

Please note that in such cases, written consent is not required, as is the case with joint housing. In these cases, it is sufficient for the other spouse to give verbal consent to the disposition. For evidentiary reasons, it may nevertheless be appropriate to put this in writing if there is a risk of disagreement afterwards. 

Hobby equipment and items used by spouses in a professional context fall outside the concept of "normal household contents." The same applies to particularly valuable items such as jewelry, antiques, and works of art. According to the wording of the law, such assets cannot be described as "ordinary" household goods. A specific assessment of the value of the assets must be made in relation to the spouses' financial situation and lifestyle in general. 

Contact us? 

Each case is unique and consists of individual issues. With complex regulations, it is difficult to know what rights you have. If you have any questions about the right to dispose of assets during marriage or other marriage legislation, please feel free to contact one of our family law attorneys.