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        Flytta ihop & bli sambo

        Your rights according to "sambolagen"

        Hej, i moved from Holland till sweden in 2010 to go live together with my Swedish girlfriend. She bought the house cash ( she had the Money) en we moved in there together. not married, no contracts, nothing. we opened an bankacount on both names where we put in every month 5000 kr. for the normal bills. we are gonna separate now. the last two years we did a lot of improvements around the house and garden. for around 400000 krones. i want half of that Money back but she refuses. and now took away all the Money from the both-account. what are my options? can i go for sambolagen en ask half of everything. i really dont want to do that but she leaves me no choice and there is no talking to her. Thanks for your reply in advance.

        Rådgivarens svar

        2017-07-17

        Hej! Thanks for using our service! I will do my best to interpret sambolagen for you in English.

        If you, as you describe, lived together in a relationship for a longer period of time, sambolagen typically applies when you separate. If you haven’t agreed otherwise, the law entitles you to half of your common house/apartment, provided you bought it for the purpose of living in it together and irrespective of who paid. The law also entitles you to half of the furniture, household equipment and other things in your house that you bought together for common use. This is the so called “samboegendom”. As far as other property is concerned, such as money in bank accounts, cars, holiday homes, things that you bought before you started living together or things that you bought for your own use only, these will not be included. Improvements around the house are typically also not included. However, if they contributed to a raised market value, you will be indirectly compensated in the half split of the house.

        If you want to make use of these rights, you have to ask your ex for a property divison (“begära bodelning”) within a year from when you moved out. She has to cooperate, and if she doesn’t, you can apply for a so called “bodelningsförrättare” at the district court (tingsrätten) where you or she lives. This person will help you to investigate which property is to be included, and try to mediate. If you don’t agree, a decision will be made for you. The cost for this procedure will be split between you and your ex.

        Finally, as for your joint bank account. Even if something isn’t “samboegendom”, you can still own it together. Money in a joint bank account that you both dispose of separately and to which you both regularly contribute, is typically assumed to belong to both of you, which means that you are entitled to half of that money. If your ex has withdrawn all of the money and won’t agree to give you your half, your first action would be to apply for a so called “betalningsföreläggande” at Kronofogdemyndigheten. The application fee is 300 kronor. If she doesn’t pay, you can choose to take it to court, in which case additional fees may apply.

        I hope this has answered your questions. My recommendation to you is to try to agree with your ex on a property division that suits the both of you, informing her about your rights.  As far as the “samboegendom” is concerned, this agreement (“bodelningsavtal”) has to be in writing and signed by the both of you. To make sure you close the door to any future claims, I would advise you to engage a legal counsel for this. If you don’t reach an agreement, you can consider applying for a “bodelningsförrättare” and/or a “betalningsföreläggande”, being aware of the additional costs that this might bring. For further advise or help with establishing a “bodelningsavtal”, you are welcome to book an appointment with one of our experienced counsels.

        General information about the Swedish legal system in English can be found at the European e-Justice Portal.

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