Cohabitation agreements and law for cohabiting couples
Moving in together changes more legally than many people think. Most of it you can control yourselves, but only if you write it down. Here is what usually comes as a surprise.
Do we inherit from each other as cohabitants?
No. Cohabitants have no right of inheritance at all.
If one of you dies, it is that person’s own heirs who inherit, not the surviving partner. That applies however long you have lived together. If you want to inherit from each other, a will is required.
What does the Cohabitees Act give us then?
A right to a division of property, but only over a limited part of what you own. The home and household goods bought for joint use are divided equally when the cohabitation ends, whether that happens through separation or through death.
Everything else stays with whoever owns it. The car, the savings and what existed before you moved in together are therefore not included.
What is a cohabitation agreement?
An agreement in which you together decide how the home and household goods are to be divided, instead of letting the rules of the Cohabitees Act apply. The rules can be contracted away wholly or in part.
When is it needed?
Most often when you have put in different amounts. If one of you bought the home alone, or contributed most towards the purchase, the equal division under the Cohabitees Act means that half of it can end up with the partner who did not pay for it. A cohabitation agreement is then the simplest step.
Can we write our children out of the inheritance?
Only partly. A child always has a right to inherit from their parent. Through a will that right can be limited to the statutory share, that is half of the share the child would otherwise have received by law.
The law sets formal requirements for wills, and a failure to meet them only comes to light when the will is to be used. Get help so that it holds.
Will the will be found when it is needed?
Not by itself. Our document monitoring service, Dokumentbevakning, keeps track of it for you: through the Swedish Tax Agency we learn when a person whose document we monitor has died, and we make sure the will is produced in time.
What is a promissory note and when is it needed?
A written promise to repay a certain sum. It works as evidence of a loan and sets out the terms.
Most common between cohabitants when one has lent to the other for a property purchase. Without a promissory note there are only recollections, and they tend to differ precisely when they need to agree.
What does it cost?
It depends on which documents you need. Call us and we will go through your situation and give you a price before you decide. The first conversation costs nothing and does not commit you to anything.