A sambo's right to take over a joint home

2016-07-28 i Bodelning
FRÅGA
I have been living with my Sambo since Oct 2013. He has been supporting me for the economy sine then as I have been studying! Now he wants to trough me out of the house! Does he have right? Do I have right to stay till I find some other accommodation ? I need to know what is my right in my situation ? Can you please guide me?
SVAR

Hello, thank you for choosing Lawline with your question.

When you say that your sambo wants to through you out of the house, I assume you mean that he wants to end your relationship. In my answer, I will proceed from that assumption.

Both you and your sambo has a right to end your relationship whenever you want to. However, you may find help for your cause in sambolagen. The relationship will end when your sambo wants it to, but you may have a right to take over the accomodation. The answer depends on: 1) whether your sambo bought the house before or after you two met - if the purpose of the purchase was for you two to get a joint home. And: 2) what kind of accomodation it is. The answer may differ depending on whether it is a real estate or not.

The first priority for you should be to demand a partition of your joint property. It is stated in section 8 of sambolagen that a certain demand has to be made for a partition to take place.

Then you also have to make a request to take over the accomodation. In section 16 of sambolagen it says that either one of the sambos has a right to take over the joint home if the home is "samboegendom" (a home is samboegendom if it is bought with the purpose to create a joint home for the sambos, as mentioned under no. 1 above). For you to be abled to take over your joint home through section 16, the law also requires you to be in a greater need of the accomodation than your sambo.

This means that if your home is not samboegendom it will be hard for you to take over the accomodation.

However, sambolagen offers a second opportunity to take over a joint home. In section 22 of the law it is stated that an accomodation which is neither a real estate or samboegendom can be taken over by the other sambo. Section 22 can be applied if the other sambo is in greater need of the home. And if you and your sambo does not have children, it will be hard to succeed with a demand under section 22.

A final option is of course that your relationship ends but your sambo agrees to let you stay until you find another place to live. You do not always need help from the law to get a satisfying result. Trying to reason with each other is often easier.

In conclusion, it is almost impossible for me to make a judgement on your chances of success with these demands. To make such a judgement one would need to know more of the circumstances of your joint home and relationship, which is not possible here.

I hope my answer has been helpful and wish you good luck in solving your legal issues.

Sincerely,

Jonas Wester
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