Separate property for a monetary gift – what applies to spouses and cohabitants?
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Facts checked October 2, 2026.
A donor can stipulate that a gift to a married recipient shall be the recipient's separate property. However, it is important not to confuse the rules for spouses with the Cohabitees Act. For cohabitees, not all property is divided upon separation, but mainly the joint home and household goods acquired for joint use.
What does separate property mean?
For spouses, the main rule is that property is marital property unless it is separate property. Property can become separate through a condition in a deed of gift from someone other than the other spouse, among other ways. In the event of a future division of property, separate property is generally not included in the equal division.
The gift condition should be clear
It should be clear which gift is intended and that it shall be the recipient's separate property. If the donor also wishes to regulate the return on the gift or property that replaces the original gift, this should be explicitly formulated. Vague standard phrases can create interpretation problems long afterwards.
What happens if the money is used for a new asset?
Traceability becomes important. If a monetary gift is used to purchase other property, the question may arise as to whether the new property has replaced the gift. Therefore, it is wise to document the transfer and retain supporting documents that show the connection between the gift and the new asset.
Married recipient and cohabitee – the rules are different
| Situation | What is important? |
|---|---|
| Married recipient | Conditions regarding separate property can keep the gift out of a future division of property. |
| Cohabitee | Money in itself is generally not cohabitation property. What is decisive is whether the money is used for a joint home or household goods acquired for joint use. |
| Money mixed in a joint account | Evidence of the gift's origin may become more difficult. Save the deed of gift and transaction documents. |
Common misunderstandings
- "Separate property automatically applies to cohabitees too." No. The Cohabitees Act is based on other criteria.
- "The money is protected regardless of how it is used." Not necessarily. Usage and traceability can be significant.
- "It is enough for the recipient to write that the gift is separate property themselves." When a donor wants to create separate property, the condition should come from the donor in connection with the gift.
Practical checklist
- Clearly identify the donor, recipient, and amount.
- State whether or not the gift is to be an advancement of inheritance.
- Expressly state if the gift is to be separate property.
- Consider whether returns and replacement property should also be covered.
- Save bank documentation and the deed of gift together.
Also read our guide on deeds of gift for money and the guide on advancement of inheritance.
Do you need a written deed of gift?
Mallbutiken's template for a monetary gift helps you document the amount, parties, and key conditions.
See Deed of Gift Money – 29 SEK
