Notification of shared residence for cohabitants – what does the entry mean?
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Short answer: Cohabitants can jointly notify the Land Registration Authority that a property or site leasehold registered to one of them is their joint home. The notification must be in writing and signed by both parties. This annotation can have significance in matters such as transfers and mortgage deeds.
What is a notification of a joint home?
The Cohabitees Act allows cohabitants to notify that a property or site leasehold constitutes their joint home. The Swedish Mapping, Cadastral and Land Registration Authority's (Lantmäteriet) handbook for land registration states that such a notification is recorded in the property register.
What is required?
- the cohabitants must be covered by the Cohabitees Act
- the notification must be in writing
- both cohabitants must sign it
- the property or site leasehold must be correctly identified
The annotation itself does not make the other cohabitant a co-owner. Therefore, it does not change the title deed or the ownership share.
What is the significance of the annotation?
If there is an annotation of a joint home in the property register, the cohabitant who is not the registered owner may need to provide consent for certain actions, such as a transfer or a new mortgage deed. This provides clearer protection in the property register.
Does Lantmäteriet perform a full division of property assessment?
No. The annotation is not the same as Lantmäteriet making a final determination as to whether the property should be included in a future division of cohabitant property. The substantive assessment of cohabitant property may be addressed later.
Is this the same thing as a cohabitation agreement?
No. A cohabitation agreement regulates whether a division of property should take place and which property should be included. A notification of a joint home is instead an annotation linked to the property register.
Common mistakes
- believing that the annotation makes the cohabitant a co-owner
- using a residential address instead of the correct property designation
- having only one cohabitant sign
- confusing the annotation with a cohabitation agreement or a transfer
See the Mallbutiken template for notification of a joint home.
FAQ
Are cohabitants required to make such a notification?
No. It is an option, not a general requirement.
Do both become registered owners?
No. To change ownership, an actual transfer or division of property is required, followed by title registration measures.
Can the annotation be removed?
Yes, Lantmäteriet has rules for how the annotation can be removed depending on the situation.
This article provides general information and does not replace legal advice.