What am I entitled to when me and my sambo stop living together?

Question

My guestion is about sambo's rights in a break up situation. We have lived together for a year and he wants us to separate now. Im living in his appartment which he has owned a year before we moved in together. Do I still have a right to live here for a while to get a new appartment and am I entitled for some part of the apartments value?

Answer 1

Hello and thank you for contacting Lawline with your question!

Relevant rules regarding cohabitees (also known as “sambor” which will be the used term in my answer) can be found in Sambolagen (SamboL), that I will be using in order to answer your question.

Do you have the right to stay in his apartament for a while?

When you and your partner stop being sambor, will, if any of you request it, a property division be made where property considered “samboegendom” is divided equally between you, 8 § SamboL. “Samboegendom” includes joint dwelling and household goods if the property “was acquired for joint use”, 3 § SamboL. Since your sambo already owned the apartment before you moved in with him the apartment could not be considered samboegendom as it was not acquired for joint use. The apartment is thus considered his and there are no legal rules that give you the right to stay in his apartment nor the value of the apartment.

If household goods have been acquired for joint use during the time you have been sambor, you are entitled to half the value of the good since that is considered samboegendom. It could be furniture or kitchen utensils.

I hope that you are satisfied with the answer and if you have any further questions you are more than welcome to contact us again!

Kindly,