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        Should I have my own representative in the division of property?

        Hey, I'm curious about how the sambo law works. I was in a relationship for 10 years. My sambo bought a house, last year, with the intent that we would live there together. We have separated now and I heard that I have a right to stay at the sambo residence for a certain period of time until I find a new place to live. I've heard 3 months and 1 month. How much time do I have exactly?

        Also, they have a lawyer looking into spliting up the money of everything we have received together. I signed away my rights to any of her inheritance but I still have sambo law that should cover me for everything else, including the house. So, the house should be split among us both but what I'm not sure about is if I should have my own lawyer to check that they're not trying to get away with giving me less. The are using their own lawyer to check how much she should pay but I thought the lawyer was supposed to be unbiased and come from the kommun or some other such society.

        Rådgivarens svar

        2021-01-04

        Hello and a big thank you for turning to Fråga Juristen with your question. I will explain below the key parts that your question concerns and then apply it to your situation and finally make a recommendation based on your questions. 

        How long can you stay in the shared home?

        There is no general rule that says how long a partner may stay in the shared home. On the other hand, there are rules that make it possible for a takeover of the home, see section 16, subsection 2 of SamboL. As well as rules that enable the court to decide on who shall have the right to live in the home until a division of property has been completed, see section 28 of SamboL.

        Once the division of property has been completed and one partner has received it on his or her lot, it is up to that partner how long the other partner may remain.

        Should I have my own representative in the division of property?

        If the parties do not agree on a division of property, they can apply for a bodelningsförrättare to be appointed, see section 26 of SamboL. A bodelningsförrättares main task is to ensure that the parties can agree on a subdivision, that they can reach a final financial settlement. A bodelningsförrättare is thus not appointed to take advantage of any party's interest, because it is required that the party itself claims that it wants certain things to be taken into account. It can therefore often be wise to arrange your own representative if you want to make sure that you consider things that speak in your own favor.

        Your situation 

        Until the subdivision, if you have a better need for the home, you can request that you be allowed to live in it until the subdivision is completed. After that, if your partner is to stay in it and thus have it on his lot, you have no right to stay.

        As for your question regarding whether you should hire a representative in addition to the bodelningsförrättaren, it is often wise. Again, a bodelningsförrättares main task is to ensure that the parties agree on the division of property, many times it can therefore be advantageous to have a representative on the side who looks after one's own advantages.

        Recommendation 

        Many times you encounter difficult situations in a division of property, whereby your own representative may be preferable. If you are going to turn to a lawyer, you should choose a lawyer who is knowledgeable in financial family law.

        Familjens jurist has solid experience in the field. They are more than happy to assist or act as a lawyer for you.

        I hope you feel that you have received an answer to your question. If I have misunderstood you in any way, you are more than welcome to ask a new question.

        Sandra M.B Nygren
        Studentrådgivare
        Familjens Jurist kan hjälpa dig med allt som rör familjejuridik. Med kontor och medarbetare från norr till söder så finns vi alltid nära dig.
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        Stockholm
        Stockholm
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        Sweden