Swedish couples buying a home: you can lose SEK 100,000 in a split

Two partners hold equal halves of a yellow house above "50/50", with a tall stack of coins on the left and a small one on the right.
Illustration: Bolån Radar

Pay SEK 300,000 of a SEK 400,000 down payment and you still get only half. A written cohabitation agreement plus a promissory note changes the split.

Buy a home as an unmarried couple in Sweden and it is split equally if you break up, even if one of you paid SEK 300,000 of the SEK 400,000 down payment ("kontantinsats"). The one who paid more can lose SEK 100,000.

If you want a different split, you need a cohabitation agreement ("samboavtal"), and usually a promissory note ("skuldebrev").

Worked example: SEK 300,000 against SEK 100,000

Sara and Ali buy a flat for SEK 4,000,000. The down payment is SEK 400,000. Sara puts in SEK 300,000 of her savings and Ali SEK 100,000. They borrow the remaining SEK 3,600,000 together.

Two years later they separate. The flat sells for the same price and the loan is still SEK 3,600,000. To keep it simple, the example ignores amortization. That leaves SEK 400,000 after the loan.

Sara Ali
Paid towards the down payment SEK 300,000 SEK 100,000
Receives in a division under the Cohabitees Act SEK 200,000 SEK 200,000
Difference -SEK 100,000 +SEK 100,000

Sara ends up SEK 100,000 short of what she put in. The government says so plainly about shared cohabitee property: it does not matter who paid for it.

What the Cohabitees Act covers

The Cohabitees Act ("sambolagen") applies to your shared home and household goods if you got them for joint use. The home can be a house or a co-op flat, owned by one of you or by both.

The law does not cover everything:

  • Holiday homes are not included.
  • Gifts or inheritance received on condition that they stay separate property are not included.
  • Savings, cars and shares fall outside the act.

In a division of property ("bodelning"), debts linked to the property are deducted first. What remains is split equally. A court can adjust the split if an equal one would be unreasonable, but do not count on that.

Either partner must ask for a division within one year after the relationship ends. If neither of you asks, each keeps what they own.

How to write a cohabitation agreement

The agreement must be in writing and signed by both of you. It does not have to be registered or witnessed. In it you can opt out of the act's division rules, fully or for specific property.

SBAB recommends combining the agreement with a promissory note when one partner pays more. In the example, the note could show that Ali owes Sara SEK 100,000. Nordea suggests owning the home in proportion to what each of you paid, backed by a promissory note or deed of gift plus a cohabitation agreement.

The agreement does not change a joint mortgage. If you borrowed together, you are both liable to the bank for the whole loan. Our dictionary also explains the Swedish terms for a cohabitation agreement and a division of property.

If one of you dies

Cohabitees do not inherit from each other in Sweden. If you want your partner to inherit, you need a will. A cohabitation agreement cannot decide anything about inheritance.

The act gives the surviving partner a small safety net. In a division after a death, the survivor can always keep shared property worth at least two price base amounts ("prisbasbelopp"), if there is that much. For 2026 that is SEK 118,400. That does not go far when the home is worth millions.

Before you get the keys

Sign the documents before you sign the purchase contract, or at least before you move in. That is when agreeing is easiest, and you both know where you stand if something happens.

Sources


This content is general information, not financial or legal advice. Bolån Radar collects data from banks and authorities and cannot guarantee that it is complete or free of errors. Talk to your bank or an adviser before you decide.

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