Fördelning av oeniga sambors gemensamma bostad samt definitionen av bodelningsförrättare (engelska)

Question

Hi there,

I saw your email address on a post on law line.

I have a quick question.

My partner and i are in a swedish Sambo. She wants to seperate. I am in New Zealand and return in 3 weeks. We own a house together. Neither of us wish to move from the house.

What is a bodelförättare. It seems like one can apply to remain in the dwelling. I am scared that i will return and be kicked out of my own house. How would the house be divided if neither partner wants to sell the house to the other.

Thanks for your help,

Answer 1

Hello and thank you for contacting Lawline!

Short summary

Since the house is owned by you and your cohabitant, she doesn't have the right to kick you out. If you can't agree on who should keep the house, you can apply for a bodelningsförrättare for professional help.

Swedish legislation for cohabitees

The rules about cohabitees (sambor) are found in the cohabitees act (sambolagen). This law is mostly used if the relationship ends, namely if (2 § sambolagen):

(1) the partners or one of them gets married, (2) the partners move apart, or (3) one of the partners dies.

The relationship also ends if one of the partners applies for a cohabitee property administrator, bodelningsförrättare (26 § sambolagen), or for the right to remain in or take over the dwelling (28 and 22 §§ sambolagen). A bodelningsförrättare is someone who can help the partners to divide the common property between them if they can't come to an agreement themselves.

The cohabitees common property (samboegendom)

When the relationship ends (because of other reasons than that the partners marry each other), is the common property to be divided between the partners, but only at request of one of them (8 § sambolagen). Common property consists only of property that has been acquired for common use (3 § sambolagen). The dwelling is included here (5 § sambolagen). The partner who has the biggest need of the dwelling should get to keep it, for example if there are kids involved and they are to live with one of the partners (16 § sambolagen). Other circumstances are economic issues and/or possibilities of another residence.

Your situation

Based on your question, I assume that the dwelling has been acquired for you and your cohabitant's common use. If you can't come to an agreement yourselves, one of you can apply for a bodelningsförrättare who'll help you to divide the common property, dwelling included. I can't further discuss if one of you has a bigger need of the dwelling, since I'm not aware of all the relevant circumstances. What I can state though, is that you shouldn't be scared to be kicked out of the house because you own it too. If she tries to keep you from the house by for example changing the locks, you can contact the police since that can be considered a crime called egenmäktigt förfarande (8 kap. 8 § brottsbalken).

For more information about division of property between cohabitees, click on this link that will take you to a relevant page on the website of the courts of Sweden. This second link leads to a short english summary about sambolagen.

Feel free to contact us again if you have any other questions!

Best regards,