giftorättsgods

Giftorättsgods refers to property that is subject to the spouse's right to inherit, or their "gift right" in Swedish law. This concept is primarily relevant in the context of marital property and inheritance. When one spouse dies, the surviving spouse generally has a claim to a portion of the deceased spouse's estate, which is known as giftorättsgods. This right is intended to provide a measure of financial security for the surviving spouse.

The extent of giftorättsgods is determined by the marital property regime in place. In Sweden, the default marital property regime is "giftorättsgods," meaning that all assets acquired by either spouse during the marriage are considered jointly owned for inheritance purposes, regardless of whose name they are registered under. However, spouses can agree to a prenuptial or postnuptial agreement that alters this regime, for example, by specifying that certain assets are separate property and not subject to giftorätt.

Upon the death of a spouse, the couple's giftorättsgods is typically divided equally between the surviving spouse and the deceased's heirs. The surviving spouse receives their share directly, while the deceased's share forms part of their estate to be distributed according to their will or the rules of intestate succession. There are specific rules regarding how this division is calculated, taking into account any debts and liabilities. The surviving spouse also has certain rights that may allow them to retain the marital home and its contents.