Fråga om makes rätt att hyra ut bostad utan andra makens samtycke
My husband and i was divorce 1 month go. We rent our house here in Linköping last april 2016 and we gave end of contract. Then the renter Signed and agree that they should move out last June 30, 2017. And i had copy of beslut från hyresbamden as well. But they are still there. My ex man gave new contract w/ same person without my consent. Eventhough both renter and my ex man knew that i said to my email to them i will gonna live in the house with my 4 small children. I need also help about division of properties.
Rådgivarens svar
Hi and thank you for your question.
Your question has been interpreted as follows
You and your ex-husband divorced one month ago. You have previously been subletting your house but now terminated the contract with the tenant who agreed to move out by 30 June 2017, but the tenant did not move out.
Your ex-husband has signed a new contract with the same tenant without your consent even though you informed both your ex-husband and the tenant that you were planning to live in the house with your children.
You also need help with the distribution of married law goods.
Applicable law
According to Äktenskapsbalken 7:5 first paragraph, a spouse are not allowed to sublet the spouses’ shared residence without the consent of the other spouse.
This conclusion is based on the assumption that the house is owned mutually by you and your ex-husband. If the house is considered your ex-husband’s private property due to e.g. a prenup or inheritance agreements, or if your ex-husband obtained the house through agreements in the divorce and established the new lease after the acquisition, he is entitled to lease it according to the regulation in Äktenskapsbalken 7:5 third paragraph.
Summary & Recommendation
If the house is considered you and your ex-husband’s shared residence, or if the house at least is not your ex-husband’s private property, he is not entitled to lease it without your consent.
You’ve stated that you have a written copy of the tenant's removal decision and that the new contract has been established without your consent. I therefore advise you to inform your ex-husband that the rental agreement is invalid and that subletting the house without your consent is in violation of Swedish law.
Since your ex-husband appears to have established a lease in violation of Swedish law and since you stated that you need assistance with the distribution of married property, I strongly recommend that you book an hour's counseling meeting with one of our family lawyers in an office close to you. You can book an appointment here.
Sincerely,
Jessica
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