How to Protect Your Rights in a Property Division (“Bodelning”)
In Sweden, when a marriage ends in divorce, both spouses are required to disclose all assets during the legal property division process, known as “bodelning.” If one spouse tries to hide bank accounts, real estate, or other assets, it can lead to an unfair outcome. Fortunately, there are legal mechanisms you can use to uncover hidden property and protect your financial interests.
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This article explains the most important tools available in Sweden — and within the EU — for ensuring transparency and fairness during a divorce settlement.
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If You Suspect Hidden Assets
When one spouse suspects the other of concealing assets, it’s important to act quickly. Swedish law provides formal procedures to investigate and enforce full disclosure. Two key tools are the “bodelningsförrättare” (court-appointed property division executor) and the “edgångssammanträde” (sworn testimony hearing).
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The Role of a Bodelningsförrättare (Court-Appointed Executor)
If your ex-spouse refuses to cooperate or you suspect hidden property, you can petition the court to appoint a bodelningsförrättare — usually an experienced lawyer. This professional is responsible for ensuring that the division of assets is carried out fairly.
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A bodelningsförrättare has the right to:
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Request financial documents from both parties
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Ask questions about bank accounts, stock portfolios, properties, etc.
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Investigate the financial situation of each party
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If your ex refuses to cooperate, the bodelningsförrättare can request court action to compel disclosure or take further steps.
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Edgångssammanträde – Swearing Under Oath
Another effective legal tool is a sworn testimony hearing (“edgångssammanträde”). In this court procedure, the suspected party must swear under oath that they have declared all assets truthfully. If it later turns out that assets were hidden, they may be prosecuted for perjury (“mened”) — a serious criminal offense in Sweden.
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This process can apply pressure on a dishonest ex-partner and encourage more honest disclosures. However, it’s important to prepare thoroughly, as false statements — even accidental ones — can have serious consequences.
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Tracking Assets Within the EU
If assets are hidden in another EU country, you may benefit from cross-border cooperation and transparency laws.
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You can request information via shared EU registries
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You may apply for a European Account Preservation Order (EAPO) to freeze bank accounts temporarily
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EU law enables courts in one member state to request financial data from another
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A lawyer with experience in international divorce and EU asset tracing can be crucial for success in these cases.
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Tracking Assets Outside the EU
Uncovering hidden assets outside the EU is often more difficult, especially in countries with strict bank secrecy laws or less legal cooperation.
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However, there are international agreements and legal tools you may be able to use, such as:
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Mutual Legal Assistance Treaties (MLATs)
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Hague conventions
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Private asset tracing services or international law firms
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In some cases, you may need to work with lawyers or professionals in the country where the assets are suspected to be. Each country has its own legal rules, so knowledge of local law is essential.
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Conclusion
Trying to hide assets during a divorce is unethical and illegal. Fortunately, the Swedish legal system provides tools like the bodelningsförrättare and sworn testimony hearings to uncover the truth and enforce fair asset division.
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If assets are located within the EU, cooperation between member states can help track and freeze them. If assets are outside the EU, you may need international legal assistance — but it’s still possible to pursue hidden property.
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To protect your rights, it’s strongly recommended that you:
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Act quickly if you suspect foul play
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Work with a licensed legal professional (advokat)
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Gather documentation and prepare a legal strategy
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With the right help, you can make sure the division of property is done fairly — and that you receive what you are legally entitled to.
