A cohabitation agreement is a contract that regulates how cohabiting partners wish to divide their shared assets in the event of a separation. In Sweden, cohabiting couples don’t have the same legal rights as married couples. So without an agreement, the Cohabitees Act applies. This can lead to unexpected consequences if an agreement isn’t in place during a separation.

With an agreement, you as cohabiting partners decide how to divide your home and shared property if you separate. According to the Cohabitees Act, you’re required to equally divide the home and assets acquired together, regardless of who contributed more financially. An agreement allows you to opt out of the rules of the Cohabitees Act and instead agree that the person who invested more in the home or assets retains a larger share in the event of a separation. This helps prevent future conflicts over ownership and protects your individual interests. It also gives you greater control over how your assets are distributed.

Who needs a cohabitation agreement?

All cohabiting couples who want to protect their individual financial assets or have made unequal financial contributions, for example to a shared home, should consider drafting a cohabitation agreement. Without an agreement, assets may be divided equally, even if one partner has contributed significantly more.

What we help with regarding cohabitation agreements

Legal Advice
We help you understand the risks you can avoid by drafting a cohabitation agreement and how to best structure it to protect your interests.

Drafting the agreement
We’ll help you draft a cohabitation agreement that clearly outlines how you wish to divide your assets in the event of a separation.

Agreement review
If you already have an agreement, we’ll review it to make sure it complies with current laws and that your wishes are accurately reflected.

FAQ about cohabitation agreements

Is it necessary to have a cohabitation agreement?
It’s necessary if you wish to decide how to divide your assets in the event of a separation. Without an agreement, the Cohabitees Act applies.

Can we include specific assets in the agreement?
Yes, you can decide exactly which assets should be included in the agreement and how you want to divide them.

What happens if we don’t have a cohabitation agreement?
If you don’t have an agreement, the Cohabitees Act applies. This means you’ll equally divide your shared home and any assets acquired together, regardless of who paid more.