FrågaFAMILJERÄTTÖvrigt30/07/2018

Is a Dutch "samelevingscontract" applicable in Sweden?

I am coming to live and work in Sweden with my girlfriend. In the Netherlands we have a samenlevingscontract, which seems to be similar to a "samboavtal" which sets down the rules of our relationship, and how things are split should we go our separate ways. Is this contract also applicable in Sweden, or will we need to start some kind of procedure when we arrive? More or less the same question for our will in will or testament, is the one we have legally valid in Sweden. It's quite a basic, longest living gets everything, and once both are gone, things are divided between our heirs. Is there a financial aspect to this, when one of us would die earlier than the other in Sweden, i.e. could the other have to pay so much tax that it wouldn't be possible to stay at the same domicile.

Lawline svarar

Hello!

Thank you for turning to Lawline with your question!

I am not familiar with the corresponding rules to sambolagen (the main swedish law on this area) in the Netherlands. Therefore my answer is structured based on explaining the Swedish regulation.

Sambolagen states how property is to be devided between two partners who live together if the relation ends. These rules however, can be overuled by a mutual agreement between the partners. The 9 § sambolagen states that the property is not to be devided according to the law if a contract which meets certain formal criteria says otherwise.

In the 9 § second paragraph the formal criteria is listed. The contract has to be in written form and it has to be signed by both partners. As long as these criteria are met by your Dutch contract, it should be valid in Sweden.

There is currently no inheritance tax in Sweden.

I hope you will enjoy your stay!

Daniel Vetterfalk StrömbladRådgivare
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