Move apart: division of property, cohabitation law and divorce

Move apart in seven steps

1. 1

   Step 1: Find out if the cohabitation law or marriage law applies to you.

   § 1 § joint company (2003:376), verified 5 October 2026

   § 9 chapter 1 and 2 §§ marriage bar (1987:230), checked 5 October 2026

2. 2

   Step 2: If you are cohabiting: request division of property within one year after you moved apart, if either of you wants one.

   § 8 § joint company (2003:376), verified 5 October 2026

   Letter: Request for bodyworking (sambo) To: The previous sambonour advice

   The template is in Swedish because it goes to a Swedish recipient.

   Ämne: Begäran om bodelning Begäran om bodelning Till: [den andra sambons namn], [den andra sambons personnummer] [den andra sambons adress] Från: [ditt namn], [ditt personnummer] [nya adressen] Vi var sambor och bodde tillsammans på [lägenhetens adress]. Samboförhållandet upphörde [dagen ni flyttade isär], när vi flyttade isär. Jag begär bodelning enligt 8 § sambolagen (2003:376). Bodelningen gäller vår samboegendom, det vill säga den gemensamma bostaden och det bohag som vi skaffade för gemensam användning, utifrån hur egendomen såg ut den dag samboförhållandet upphörde. [Vill du ta över bostaden eller något av bohaget: skriv det här, till exempel: Jag begär att få ta över bostaden enligt 16 § sambolagen.] Jag föreslår att vi går igenom egendomen tillsammans och skriver en bodelningshandling som vi båda skriver under. Du når mig på [telefon] eller [e-post]. [ort], [datum] ______________________ [ditt namn]

   • The request must be made no later than one year after the cohabitation relationship has ended (8 § sambolagen). It ends, among other things, when you move apart (2 §). If a cohabitant has died, the request must instead be made no later than when the estate inventory is made.
   • The law does not say how the request should be made. Send it so that you can show that it has arrived, for example as a registered letter, and save a copy (our advice).
   • If you want to take over a rental apartment or tenant-owned apartment that only the other has and that is not joint property, it is a separate claim according to Section 22 of the Cohabitation Act. It must be presented within one year, but no later than three months after you have left the home. Write it in the letter.
   • The application is just the beginning. The actual division of property is done in a division of property document that you both sign (20 § sambolagen, 9 kap. 5 § äktenskapsbalken). If you do not agree, either of you can apply to the district court for a division of property agent (26 § sambolagen).
   • The template applies to cohabitants. Married couples make a division of property according to the Marriage Code.

   Copy text Print the letter

   Blank template: Word · PDF

3. 3

   Step 3: Write a list of the home and the property, with who bought what and when. our advice

   § 3 and 4 §§ joint company (2003:376), verified 5 October 2026

   § 6 and 7 §§ cohabitation law (2003:376), checked 5 October 2026

4. 4

   Step 4: Agree on who will take the accommodation. The one who needs it most has the right to it, if it is reasonable.

   § 16 § joint company (2003:376), verified 5 October 2026

   § 11 chap. 8 § Marriage Code (1987:230), checked 5 October 2026

5. 5

   Step 5: Write the division of property document and sign both of you.

   § 9 chap. 5 § Marriage Code (1987:230), checked 5 October 2026

6. 6

   Step 6: Notify the landlord or tenant-owned apartment association who will take over the residence.

   § 12 kap. 33 § jordabalken (1970:994), checked 3 October 2026

   § 6 kap. 6 § bostadsrättslag (1991:614), checked 5 October 2026

7. 7

   Step 7: The move makes flyttanmälan (notification of change of address) to Skatteverket (the Swedish Tax Agency) within a week.

   § 25 § folkbokföringslag (1991:481), checked 3 October 2026

What applies according to the cohabitation law?

Cohabiting partners are, according to the law, two people who permanently live together in a pair relationship and have a joint household. The law only applies if neither of you is married, and it only concerns your joint home and your property. The other's savings, car or holiday home are not included.

The cohabitation relationship ends when you move apart, when one of you gets married or when one of you dies. From that day on, each of you has one year to request a division of property. If a cohabitant dies, different rules apply to the survivor, who is under estate and separation.

Source: Sambolag (2003:376) (riksdagen.se). 1, 2, 8 and 18 §§ sambolagen.

Cohabitation agreement: what is it and how do you write it?

A cohabitation agreement is an agreement that no division of property should be made, or that certain property should not be included in it. It can, for example, concern a tenant-owned apartment that one of you bought and pays for, so that it is not shared if you move apart. You can write the agreement before you move in together or at any time during the period, and change it with a new agreement.

The law requires that the agreement be in writing and signed by both of you. If either of you is a minor, the guardian's written consent is also required. The agreement is not registered anywhere, so save a signed copy each. A condition that is unreasonable, in view of the content, how the agreement was made or what has happened later, can be adjusted or disregarded in the division of property. If you are just about to move apart, you can instead write a pre-agreement on how the upcoming division of property should be done.

Source: Sambolag (2003:376) (riksdagen.se). 9 and 10 §§ sambolagen.

What is included in the division of property for cohabiting partners?

Only the jointly owned property: the joint home and the joint property, if you acquired it for joint use. Property includes furniture, household appliances and other interior fixtures for the home. What only one of you uses is not included, nor is a holiday home. It does not matter who paid.

If one of you received something as a gift, through a will or inheritance with the condition that it should be separate property, it is not included. You can also have written an agreement that division of property should not take place or that certain property should not be included. During the division of property, each cohabitant's debts are first deducted from what they own of the joint property, and what remains is divided equally.

Source: Sambolag (2003:376) (riksdagen.se), Sveriges Domstolar: How division of property works. Sections 3, 4, 6, 7, 9, 13 and 14 of the Cohabitation Act.

When must cohabiting couples apply for a division of property?

The cohabitation relationship ends when you move apart, when one of you gets married or when one of you dies. The one who wants a division of property must request it within one year after the cohabitation relationship ended. The division of property is based on how the property looked on that day. If neither of you requests a division of property, each keeps their own.

The law does not specify how the request should be made. Make it in writing and in a way that you can prove afterwards, for example with the template further down.

Source: Cohabitation Act (2003:376) (riksdagen.se), Courts of Sweden: How division of property works. Sections 2 and 8 of the Cohabitation Act.

Who gets to stay in the home?

If the home is joint property, the one of you who needs it most has the right to get it in the division of property, offset against their share. It must also be reasonable considering the circumstances. If the home is worth more than your share, you pay the difference in money.

If the accommodation is not joint property, for example a rental apartment that one of you had before you moved in together, the other can still take over the rental apartment or tenant-owned apartment. This requires that they need the accommodation most and that it is reasonable. If you do not have children together, special reasons are required. The requirement must be made within one year, but no later than three months after the person who wants to take over has left the accommodation, and the person who takes over compensates the other for the value of the accommodation.

If you cannot live together until the division of property is complete, the district court, if either of you applies, can decide who gets to stay until then. The other person must then move out immediately.

Source: Co-habitation Act (2003:376) (riksdagen.se). Sections 16, 17, 22, 28 and 29 of the Co-habitation Act.

What happens to the rental contract?

If the rental apartment for your shared home has been allocated to one of you through division of property, or taken over according to 22 § of the Cohabitees Act, that person may take the place of the tenant. This also applies if you rented the apartment together. The person moving out is not responsible for the rent after the landlord has been informed that the rental right has been transferred, but is responsible together with the person staying for the time before.

If none of you are going to stay, you terminate the rental apartment as usual. The notice period and how you do it are in the guide to rental apartment when you move.

Source: Jordabalken, 12 kap. (riksdagen.se), Co-habitee Act (2003:376) (riksdagen.se). 12 kap. 33 § jordabalken (the Swedish Land Code).

What applies to the tenant-owned apartment?

If the tenant-owned apartment is transferred to one party through division of property, the association must be informed. From the time the association is notified, the person moving out is no longer responsible for the tenant-owned apartment holder's obligations, such as the fee, even if the person taking over is not yet a member. The person taking over applies for membership in the association. If they do not do so, the association can urge them to show within six months that someone who is not refused entry has acquired the tenant-owned apartment and applied for membership, otherwise the tenant-owned apartment can be forcibly sold.

None of you may sell or rent out a home that is joint property, or that the other can take over according to 22 §, without the other's consent. The same applies to selling or pledging furniture that is joint property.

Source: Tenant-owned apartment law (1991:614), 7 kap. (riksdagen.se), Cohabitation law (2003:376) (riksdagen.se). 6 kap. 2 and 6 §§ bostadsrättslagen (the Swedish Housing Cooperatives Act), 23 § cohabitation law.

Division of property agreement: what applies to the document?

You do the division of property together, and over it you write a document, often called a division of property agreement, which you both sign. It applies to both married and cohabiting couples. Write down what property is included, what it is worth, what debts are deducted and who gets what, for example that one of you takes over the home and pays the other the difference.

After a divorce, the spouses can submit the division of property document to Skatteverket for registration, but they do not have to. If married couples do a division of property while the marriage exists, it must be reported to Skatteverket for registration. The Cohabitation Act has no rule on registration.

Source: Marriage Code (1987:230) (riksdagen.se), Cohabitation Act (2003:376) (riksdagen.se). Chapter 9, sections 1 and 5, and chapter 13, section 6 of the Marriage Code, section 20 of the Cohabitation Act.

What applies if you are married?

When a marriage is dissolved, the spouses' property is divided through division of property. All marital property is included, not just the home and property. Each spouse may take away clothes and other things for their personal use and personal gifts. The division of property is based on how the property looked on the day the application for divorce was filed.

The spouse who needs the home or property most has the right to get it in offset, if it is reasonable and the property is not the other's separate property through gift, will or inheritance. While the divorce case is pending, the court can decide who will live in the home until the division of property, and the other must then move immediately. The division document is signed by both of you, and you can submit it to Skatteverket for registration.

Source: Marriage Code (1987:230) (riksdagen.se), Courts of Sweden: How division of property works. 9 chap. 1, 2 and 5 §§, 10 chap. 1 and 2 §§, 11 chap. 8 §, 13 chap. 6 § and 14 chap. 7 and 8 §§ Marriage Code.

Divorce: consideration period and application

If you agree to divorce, you have the right to divorce. You get a consideration period if you both request it or if one of you lives permanently with your own child under 16 years old for whom you have custody. If only one of you wants a divorce, a consideration period is always required. It starts when you apply together, or when the other party receives the application. After at least six months, the district court issues a judgment if one of you requests that the divorce be finalized. If no one does so within a year from the start of the consideration period, the matter is dropped. If you have lived separated for at least two years, no consideration period is needed.

The application is made to the district court and cost 900 kronor according to Sveriges Domstolar on 5 October 2026. If you have common children, you retain joint custody after divorce, unless one of you requests a change. The division of property is done based on what you owned on the day the application was submitted.

Source: Marriage Code (1987:230) (riksdagen.se), Sveriges Domstolar: To get a divorce, Sveriges Domstolar: How division of property works. Chapter 5, sections 1, 2, 3 and 4, and chapter 9, section 2 of the Marriage Code.

Separation with children: residence and move

With joint custody, you make decisions about the child's personal matters together. One of you can decide alone only when the other is prevented and the decision cannot wait, and then never in matters of significant importance for the child's future, unless the child's best interests clearly require it.

The Parental Code states no distance a parent can move with shared custody. If you disagree on where the child should live, you can write an agreement on the accommodation, which applies when the social services have approved it, or let the district court decide on the application of one of you. The child's best interests decide, and the child should be allowed to say their opinion. The housing allowance and maintenance are under the heading of flyttanmälan and the children further down.

Source: Parental Code (1949:381), 6 chap. (riksdagen.se). 6 chap. 2 a, 2 b, 13 and 14 a §§ of the Parental Code.

Division of property administrator: if you do not agree

Then one of you, or both, can apply to the district court for a division of estate administrator. This applies to both cohabiting partners and married couples. The division of estate administrator is often a lawyer or jurist, and you pay the fee together. If you cannot pay, one of you can apply for a guarantee of compensation, which covers up to five hours of work. The person who is dissatisfied with the division of estate administrator's decision can appeal to the district court within four weeks.

Source: Swedish Courts: How division of property works, Swedish Courts: Apply for a division of property agent, Marriage Code (1987:230) (riksdagen.se), Cohabitee Act (2003:376) (riksdagen.se). 17 chap. 1 § Marriage Code, 26 § Cohabitee Act.

Flyttanmälan, address and children

The person moving out makes flyttanmälan to Skatteverket within a week. Do not forget electricity, broadband and home insurance, which are listed in the guide to change of address when moving.

Do you have children: if the children live with you for at least 30 days a year, you may be entitled to housing benefit for families with children, according to Försäkringskassan (the Swedish Social Insurance Agency). If the child lives with you for less than about half the time, the home must have at least two rooms and a kitchen and be at least 40 square meters. If maintenance for the children when you do not live together has Försäkringskassan its own page.

Source: Skatteverket: Flyttanmälan (change of address), Försäkringskassan: Apply for housing allowance for families with children, Försäkringskassan: Parents who do not live together. The Swedish Social Insurance Agency's pages read 5 October 2026.

Template for request for division of property

Fill it in and download it as Word or PDF. All templates are under templates for the move.

The law behind it

The sections summarised, with a link to the legal text on riksdagen.se.