What are my options when im stuck in a cohabitees relationship?
I would like to know what are my rights / options in the situation below:
I am living with Sambo, swedish man, who is divorced, has 3 kids. We bought a house with loan on his name because at that time I didnt have Swedish personnummer (now I have). But I paid full downpayment of 285000kr for the house (through the bank,paid to broker). (before house, we rented apartment also as sambo)
Recently we almost separated: I tried to move out from him, I even found a little appartment to rent, but just before signing the contract I got information that I am loosing a job because of the covid situation. Soon I will be out of money and without job. But I am searching for another job already.
Recently Sambo disclosed information that he has big debts (to Skatteverket, Transportstyrelsen; I dont know how is with banks), and now credit institution (bailiffs) started to take money directly from his employer and he has no money to live, only to pay monthly loan, so I pay for all other due payments (house services, his doctor-visits, medicine, snus, etc.), of course I also pay for food and home stuff.
He won´t sell the house.
I can´t live with him and his kids because I feel they are just using me, he is constantly hiding something or avoids conversations and I cannot take it longer, I dont feel safe with him.
But I dont know what I can do in this country and if it is even possible to leave him and to get my invested money back that I could start living alone?
Hi and thank you for seeking help from Lawline.
Information about the cohabitees act.
The Cohabitees Act provides minimum protection for the weaker partner when a cohabitee relationship ends. It regulates the division of the cohabitees' joint home and household goods of cohabitees, a cohabitee's right to take over a dwelling not included in the division of property and limitations on the right to dispose of the joint home.
Cohabitants are two people that live together in a relationship similar to marriage. The relationship must be of permanent basis and have a shared household. The act therefore covers the situation that youre in. He answers for his debts alone and you are not responsible for them.
When does the relationship end
Cohabitants relationship ends when the relationship ends and one of them moves out or if one passes away.
How can it apply in your situation?
As mentioned above, the cohabitees act provides protection for the weaker partner and the division of their share household. Meaning that you have the right to invoke the division of property when the relationship ends, where as you will get half and he will get half of the property. Although the "property" does not mean all property that you have. The concept of property in the cohabitees act is a limited to only the property which you as a couple bought for the purposes of shared use. Usually it is property such as furniture, real estate (house), car, etc. Things that you buy that are not intended for shared use does not apply.
The house and your investment
It is obvious that you bought the house together for the purpose of shared use. Therefore you have the right to demand that he either buys you out for half the worth or that you sell the house and that you get your half of the share. Same goes for all other property that you have bought for the purpose of shared use. Because of the fact that he does not have money to buy you out of the house, you are going to have to demand the you sell the house. Although you have to demand the division of property latest one year after the relationship has ended.
Property and loans
If he has a mortgage on the house, he will be able to get as much money from the house to pay the mortgage. The net worth of the house will then be shared between you two.
First of all I recommend that you read through the manuals that I have linked above. Also, as mentioned above and the conclusions that we have reached, you should end the relationship and demand half of your shared property immediately. He does not seem cooperative, which means that you will have to use the hand of the law to enforce your right. I always recommend firstly to seek legal counsel if your rights arent cooperatively met, we can help you with that if you want to. Secondly to take the matters to court. This is a pretty straight forward case, and when you win in court, the costs of the litigation will be paid by the on that loses the case (him).
You can get help for the costs of legal counsel if you have an home insurance. The majority of the insurance companies can help cover the costs of legal expenses. I recommend that you call your insurance company and ask for further guidance.
In summary, you have the right to half of your shared property. Although you will have to end the relationship and demand the division of property within one year. If he is not cooperative, the only option is to seek legal counsel and sue him in court.
If you have further questions, you can email me on Binh.Tran@Lawline.se.