
The Swedish Sambo Law (Law on Cohabitation)
What is a sambo?
Sambo is a Swedish term for two unmarried people living together as a couple but without being married. Sambos (plural form), as defined in the law Sambolag 2003:376, are two people that live together steadily in a couple relationship, in a shared household. Being a sambo is a form of civil status that has legal consequences. Two friends living together are not within the scope of the law and thus they would not need a sambo contract. Read more about sambo-contract below.
How is a sambo-relationship started?
A sambo-relationship is started by two persons moving in together and living as a couple on the same address steadily. A couple of weeks is not enough for the law to take effect, but there is no exact time limit and 2-3 months can be enough.
How is a sambo-relationship terminated?
A sambo-relationship is terminated by one of the sambos moving out of the shared home (separate/separera).
What is sambo property?
Sambo property is property that is defined in Sambolag 2003:376. There is only two types of property that is included under Sambolag 2003:376 – the joint home and household goods. The property must also have been acquired for use by both parties to be included under the law (more below). Any other type of property, for example vehicles, vacation homes, or savings on a bank account is irrelevant to the economic aspects of a sambo-relationship. Property that any of the parties acquired before the sambo-relationship is also irrelevant.
What is the meaning of estate division of the joint home?
An accommodation bought by one or both of the sambos, with the intent that both of the parties shall live there, is legally a joint home. It does not matter which one of the parties that made the payment for the joint home, who contributed more, or who is the official owner. Upon termination of the sambo-relationship, any party, even one that does not own the joint home or owns a lesser share, can demand that the joint home is split through estate division (bodelning). Estate division can have the consequence that the other sambo, who did not necessarily pay anything, has to be compensated for half the value of the joint home. The value is, of course, calculated after loans have been deducted.
Estate division of household goods
Everything that is bought with the intent of common use inside your joint home will also be included in the estate division after a sambo-relationship ends, regardless of who paid for it. Such items that are bought with the intent of use exclusively by one sambo are not included in estate division – for example items for practicing sport that only one party practices or other hobby activities.
How can I avoid estate division? (Sambo-contract)
By creating a sambo-contract/cohabitation agreement (samboavtal), you can enter a legal contract with your sambo that no estate division shall take place if the sambo-relationship ends through separation. Visit our page to create a sambo-contract or call us at 08-559 16 295 for help in English. You can also create a sambo-contract and promisory note for the situation that you both own 50 % each of a flat/property, but one of you put down a larger deposit on acquisition.
Are you interested in creating a common Will/testament?
Sambos do not inherit one another. It is therefore important to create a testament benefitting one another. Here you can create a common will or call us att 08-559 16 295.