Cohabitation Agreement

What is a cohabitation agreement?

A cohabitation agreement (samboavtal) is an agreement between cohabiting partners about how cohabitation property should be divided in the event of separation. Under the Swedish Cohabitees Act (sambolagen, 2003:376), cohabitants have the right to request division of their shared dwelling and household goods. With a cohabitation agreement, you can opt out of all or parts of this right. The agreement must be in writing and signed by both parties to be valid. It is common to write a cohabitation agreement when one partner owns the dwelling or when you want to avoid disputes about property division.

When do you need a cohabitation agreement?

• You are moving in together and one of you owns the dwelling
• You want to decide in advance how property is divided upon separation
• One of you has significantly more household goods or property
• You want to avoid uncertainty and disputes about property division

What does the cohabitation agreement include?

• Full details of both partners with personal numbers
• Choice of clauses — exclude all cohabitation property, dwelling, household goods, or specific property
• Agreement date for when the agreement takes effect
• Space for signatures from both parties

Frequently asked questions

Does a cohabitation agreement need to be witnessed?

No, the Cohabitees Act does not require the agreement to be witnessed. However, it must be in writing and signed by both parties. Witnessing can strengthen the evidentiary value.

Can we change the agreement later?

Yes, you can write a new cohabitation agreement at any time that replaces the old one. Both parties must agree to the change.

What happens if we don't have a cohabitation agreement?

Without a cohabitation agreement, the Cohabitees Act applies — the shared dwelling and household goods are divided equally upon separation through property division.

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