General information about the rules in force. Not legal advice. Last updated 10 October 2026.

Foreign property bodeling in Denmark works like this: the value of a home or land abroad can normally be counted when spouses divide their assets in a Danish settlement. The Danish settlement does not by itself change who owns the property in the other country.

TL;DR
  • Foreign property bodeling in Denmark: the value of property abroad can be counted in a Danish division of marital assets.
  • Ownership of the property is decided by the law and land register of the country where it sits.
  • Property held as særeje - separate property - is normally kept outside the division.
  • Whether Danish law applies at all depends on the spouses' connections to Denmark.

Why this matters

Many internationals in Denmark own a flat, a house or land in their home country. When a marriage ends, that property is often the largest asset after the family home.

Bodeling means the division of the spouses' assets and debts after separation or divorce. The word will appear in letters from Familieretshuset and in documents from your lawyer. It is a Danish term, so we keep it here.

Two questions decide most of the outcome. Is the foreign property part of the assets to be divided? And can the result be carried out in the country where the property is located?

Can foreign property be included in a Danish bodeling settlement?

In general, yes. Under the Danish Marriage Act - ægteskabsloven - spouses usually have formuefællesskab, a marital property regime where assets are shared in the division. The location of an asset does not remove it from that division. A flat in another country is valued like any other asset.

The limit is practical. A Danish settlement agreement or decision is a Danish document. It does not automatically update a foreign land register or force a foreign bank to release a mortgage. The foreign country's own law decides how title is transferred.

This table shows the difference.

Question In the Danish settlement In the country where the property sits
Is the value counted in the division? Usually yes, as an asset Not relevant
Who is the legal owner? The settlement can state who keeps the property Local law and the local land register decide
What happens to a mortgage? Counted as a debt in the division The lender's terms and local rules apply
Is a transfer of title possible? The spouses can agree on it A local procedure and local formalities are usually needed

In practice, the spouses often agree that one of them keeps the property and the other receives an equal value in other assets or in a payment. This avoids a transfer abroad. It is not always possible, for example when there is not enough other value to balance the division.

When the property may be kept outside the division

Not every asset is shared. Three situations are common for property abroad.

  • Særeje: the property is separate property under a marital agreement - ægtepagt - or under a condition attached to a gift or an inheritance.
  • Property owned before the marriage: whether it is shared depends on the regime and on any agreement between the spouses.
  • Property owned through a company or a trust: the division looks at what the spouse actually owns, which can be the shares and not the building.

The marital agreement matters most. If you married abroad, you may have signed a marriage contract there. Whether it is recognised in Denmark is a separate legal question. Bring every marriage document to a first meeting.

Why the outcome varies

No two cases are the same. These are the main factors.

  • Which country's law governs the marital property. This depends on the spouses' connections, such as where they have lived and where they were married.
  • Whether there is a marital agreement or særeje.
  • How the property was acquired - bought during the marriage, inherited or received as a gift.
  • Whether the property has a mortgage or other debt.
  • Whether the foreign country limits what foreign owners or foreign decisions can do with local land.
  • How the value is established, since a valuation from the local market is normally needed.

Denmark does not take part in the EU regulations on marital property regimes. This means those EU rules do not set the applicable law in a Danish case. Other rules in Danish law do that instead.

Does a Danish settlement decide who owns a house abroad?

No. A Danish settlement can set out who keeps the house between the spouses, but the foreign land register follows the law of its own country. A local lawyer is often involved for the title.

How is a foreign property valued in a bodeling?

The value is normally set from a local valuation or a local market assessment and then expressed in Danish kroner. The spouses can agree on a value. If they disagree, the value can become one of the disputed points.

What if the spouses cannot agree on the foreign property?

The division can then be dealt with through a lawyer, and a disagreement can be brought before a court. The court's decision still faces the same practical limit on land in another country.

For a wider view of how settlements work for foreign spouses, read our guide to divorce settlement options for foreign spouses.

How inheritance and gifts change the picture

Property received as an inheritance is often treated differently from property bought during the marriage. The terms of the will or the gift decide whether it is shared. Inheritance across borders has its own rules on which country's law applies. Our guide to inheritance planning for foreigners in Denmark explains the basics.

FAQ

Can foreign property be included in a Danish bodeling settlement?

Yes, its value can normally be counted as an asset in the division. The Danish settlement does not change title in the foreign land register.

What does bodeling mean?

Bodeling is the Danish term for dividing the spouses' assets and debts after separation or divorce. It covers property in Denmark and abroad.

Is a house abroad shared if I owned it before the marriage?

It depends on the marital property regime and on any marital agreement. Property owned before the marriage is not automatically kept outside the division.

What is særeje?

Særeje means separate property. An asset held as særeje is normally kept outside the division, if the agreement or the gift condition is valid.

Does Danish law always apply to property abroad?

No. Which country's law governs the marital property depends on the spouses' connections to the countries involved. A lawyer reviews this in each case.

Who decides the transfer of a foreign property after a Danish divorce?

The country where the property sits decides how title is transferred. The Danish settlement can set out the agreement between the spouses.

Can one spouse keep the foreign property and pay the other in other assets?

Yes, spouses often agree on this to avoid a transfer abroad. It depends on whether there are enough other assets to balance the division.

One last thing

The most useful document to collect early is the foreign title deed together with any marriage contract. These two papers show what is owned, by whom and under which regime. They shape the whole settlement.

Deadlines apply in this type of case. Contact a lawyer to find out which deadlines apply in your case.

Globe Advokater is a Copenhagen law firm that works in Danish and English with family law for internationals. To discuss your own case, book a meeting through Globe Advokater and use the contact page.

This article is general information about the rules and practice in force. It is not legal advice, it does not assess your specific case, and reading it does not create a client relationship.

Rules, deadlines and the practice of the authorities change. We accept no liability for errors or for changes after the update date. Always check the information with the relevant authority or contact a lawyer before you act.

If you have a specific case, you are welcome to contact Globe Advokater for an assessment.

Last updated 10 October 2026.