Is our home common property?
Hej! I moved with my sambo almost two years ago (two years in June) he bought the apartment where we live since at the time I was an aupair ( and what citizen) not working enough to buy an apartment. A year ago we faced a very hard patch in our relationship since he cheated on me and we've been struggling to make it work. Since he bought the apartment but we don't have an agreement, if we were to separate, I don't have enough money to buy a new apartment. Is there any case where I could get a certain amount of money from the current apartment to get a new one? I don't want him to lose any of his property that he legally bought, but it's impossible for me to move out on my own without a certain amount of money.
Hello! Thank you for contacting Lawline regarding your legal matter.
The answer for this question is found in sambolagen (SamboL).
The residence and household goods, which constitutes common property, are to be divided between the partners in case of separation, but only at request of one of them (8 § sambolagen). However, common property consists only of property that has been acquired for common use (3 § sambolagen). If your partner bought the apartment with the purpose for only him to live in it, then the apartment is not common property.
I hope I was able to answer your question. If you have any other questions you are welcome to contact Lawline again.
Best regards,Sabrina Curan
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