<p> </p><p>When a couple divorce or when couples move apart a division of property can be done. A married couple's property constitutes of joint property and private property. In a division of property between spouses is only the value of the joint property included, not the value of the private property. In a division of property between couples that live together but not a married their joint property that are bought to be used by them together will be included. It is the value of the joint property that will be shared in the division of property. Other property that the couple has will either be kept by the person who bought it or if they hold the property in joint ownership, the value will be divided between them, but outside the rules of partition of property in the Swedish law.</p><p>A rented apartment that has been converted into a co-operative apartment during the marriage and the time that the married couple lived in the apartment should be divided between them in a division of property. They have during the marriage done a purchase of the apartment and the co-operative apartment should be seen as joint property.</p><p>A rented apartment that has been converted in to a co-operative apartment during the time that the couple, that not is married, lived in the apartment will affect the division of property in different ways. If the rented apartment was obtained to be used by the couple together the co-operative apartment shall be included in the division of property. If the rented apartment was not obtained to be used by the couple together, it could be that one of them lived in the apartment before the relationship, the co-operative apartment should not be included in the division of property. A rented apartment that are under transformation when the relationship ends have an economic value during the process. It should however be some security that the apartment will be a co-operative apartment before the value can be included in the division of property. What determines whether a converted co-operative apartment should be included in the division of property is if the rented apartment was obtained for the couple to use together or not.</p><p>When a couple purchases the converted co-operative apartment together a joint ownership to the property can occur. If the joint ownership can be proved, the value of the apartment will be shared according to the Swedish law.</p>

When a couple divorce or when couples move apart a division of property can be done. A married couple's property constitutes of joint property and private property. In a division of property between spouses is only the value of the joint property included, not the value of the private property. In a division of property between couples that live together but not a married their joint property that are bought to be used by them together will be included. It is the value of the joint property that will be shared in the division of property. Other property that the couple has will either be kept by the person who bought it or if they hold the property in joint ownership, the value will be divided between them, but outside the rules of partition of property in the Swedish law. A rented apartment that has been converted into a co-operative apartment during the marriage and the time that the married couple lived in the apartment should be divided between them in a division of property. They have during the marriage done a purchase of the apartment and the co-operative apartment should be seen as joint property. A rented apartment that has been converted in to a co-operative apartment during the time that the couple, that not is married, lived in the apartment will affect the division of property in different ways. If the rented apartment was obtained to be used by the couple together the co-operative apartment shall be included in the division of property. If the rented apartment was not obtained to be used by the couple together, it could be that one of them lived in the apartment before the relationship, the co-operative apartment should not be included in the division of property. A rented apartment that are under transformation when the relationship ends have an economic value during the process. It should however be some security that the apartment will be a co-operative apartment before the value can be included in the division of property. What determines whether a converted co-operative apartment should be included in the division of property is if the rented apartment was obtained for the couple to use together or not. When a couple purchases the converted co-operative apartment together a joint ownership to the property can occur. If the joint ownership can be proved, the value of the apartment will be shared according to the Swedish law.

Ombildningar av hyresrätt till bostadsrätt har varit en företeelse på den svenska bostadsmarknaden sedan 70-talet. Förfarandet är komplext och upplevs svåröverskådligt vilket inte sällan medför problem för ombildningens parter. I uppsatsen behandlas olika problem som kan bli aktuella för dem som vill ombilda hyresrätter till bostadsrätter, och hur dessa problem kan hanteras. Ombildningsförfarandets olika moment redogörs även för i uppsatsen samt problem som kan uppstå vid dessa. Vidare redogörs i uppsatsen för övriga problem som kan uppkomma vid och i anslutning till en ombildning. Många av de problem som kan uppstå går ofta att lösa med hjälp av lagstiftning eller annat juridiskt källmaterial. Problemen som kan uppstå är av blandad art och kan ta sig uttryck i flera olika juridiska spörsmål, vilket kan göra det problematiskt för dem som vill ombilda. Den övergripande slutsatsen vad gäller ombildningsförfarandets process är att den är komplicerad, men det är inte lagstiftningen som är problematiskt. Problem synes däremot kunna uppstå till följd av att förfarandet består av många moment som kan vara svårbegripliga. Problem som kan uppstå har identifierats och problemen behandlas och redogörs för löpande. Svar lämnas även om hur problemen kan förebyggas eller hanteras när de väl uppstår.