Many people have little knowledge of what it legally means to live as a cohabitant (sambo). Did you know that a home bought for shared use is divided 50/50 between you and your partner in the event of a separation? Regardless of who paid or who signed the contract. If you want a different outcome, you need to write a cohabitation agreement.
When you write your agreement online we offer a free Safety-checkup. After writing the agreement, you can easily book a call with our paralegals directly on the confirmation page. During the call we go through your answers and make sure that the agreement you have written is exactly what you intended.
Why you should write a cohabitation agreement
With a cohabitation agreement you can legally decide that your joint home in divided in a fair way in case of separation. By signing the agreement you can avoid that the joint home is divided 50/50 and rather is divided in relation to your actual ownership.
By Swedish law any home bought jointly should by default be divided 50/50 in case of separation. It does not matter who has signed the home loan, the contract or who actually paid the most. The same applies to household goods, such as furniture, household appliances and electronics that were bought intended for shared use. If you want a different outcome, you need to write a cohabitation agreement.
Other types of assets such as cars, boats, summer vacation houses and other financial assets does not constitute cohabitation property and therefor are not shared by default.
Så här fungerar det
- Svara på frågor som rör din situation. Utifrån dina svar skapar vi ett skräddarsytt avtal.
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- Trygghetskollen - Vi erbjuder ett kostnadsfritt samtal för att säkerställa att avtalet du skrivit avser just det som du har tänkt dig.
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- Det viktigaste för oss är nöjda kunder, därför erbjuder vi en Nöjd kund-garanti.
Do I get to keep the home if I've paid for it by myself and I am the only one who signed the home loan contract with the bank?
The value of your home will be shared 50/50 between you and your cohabitant partner in case of separation. This is true even though one of you paid for the entire home and is the only one who signed the home loan contract with the bank. The same applies to household goods, such as furniture, household appliances and electronics that were bought intended for shared use. If you want a different outcome, you need to write a cohabitation agreement.
What is cohabitation property?
According to Swedish law a shared home that were bought with the intent for both cohabitants to live in constitutes cohabitation property. The same applies to household goods, such as furniture, household appliances and electronics that were bought intended for shared use.
Other types of assets such as cars, boats, summer vacation houses and other financial assets does not constitute cohabitation property and therefor are not shared.
What other agreement might be necessary?
If you have both signed a home loan contract with a bank but you haven't paid the same amount in down payment you also need a letter of debt, in addition to your cohabitation agreement.
In the case you've taken out a home loan in order to finance something for only one cohabitants personal gain you'll also need a regress agreement. This is needed when one cohabitant has bought for instance a car for personal use or needed financing for his/hers company. In case of separation there is a risk that such loans will be divided equally between the two of you, even tough only one of you benefited from it.
Cohabitant partners (sambor) does not have inheritance rights in Sweden. It does not matter how long you've been cohabitants are if you have children or not. If you want to inherit each other you will need to write a last will/testamanet.
When you write your cohabitation agreement with Lexly you can be sure that it's tailored to suit you and your individual situation.
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Here you can write your cohabitation agreement online at a fixed price. You will simply answer a couple of questions, the same questions that the lawyer would ask you. Based on your answers we will create a cohabitation agreement that is tailored to suit your individual situation.