Division of property between cohabitants – cohabitant property, one-year time limit, and division of property agreement

Short answer: When a cohabitation ends, either partner can request a division of joint property. The request must normally be made no later than one year after the separation. Only the joint home and household goods acquired for joint use are covered by the Cohabitation Act's rules on property division.

What is joint cohabitation property?

Under the Cohabitation Act, joint cohabitation property consists of a joint home and joint household goods acquired for common use. Cars, savings, stocks, and other property are generally not included simply because the partners own them together.

The one-year deadline is important

A request for property division must normally be made no later than one year after the cohabitation ends. If the cohabitation ends due to death, specific time limits linked to the estate inventory apply. If the deadline is missed, the right to a cohabitation property division may be forfeited.

How does the property division work?

1. determine when the cohabitation ended
2. identify which home and household goods are joint cohabitation property
3. establish the debts to be taken into account
4. value the net cohabitation property
5. calculate the distribution
6. decide who takes over specific property
7. document the result in a property division agreement

The home is often the most important issue

A home can be joint cohabitation property if it was acquired for common use, even if only one partner is the registered owner or is named on the purchase agreement. A home that someone already owned and used before the cohabitation is normally not joint cohabitation property just because the other partner moves in.

A cohabitation agreement can change what is included

Cohabitants can agree in writing that no property division shall take place or that certain property shall be excluded. A cohabitation agreement and a property division agreement therefore serve different functions: the cohabitation agreement affects future division, while the property division agreement documents the actual distribution when the relationship ends.

Common mistakes

• believing that all jointly owned property is included
• missing the one-year deadline
• confusing co-ownership with joint cohabitation property
• valuing the home without accounting for debts
• making a verbal split without a clear agreement

See the Mallbutiken template for property division between cohabitants.

To plan before a potential separation, you can read our guide on cohabitation agreements.

FAQ

Must cohabitants divide their property?

No. Property division takes place at the request of one of the cohabitants when the relationship ends.

Is the car included?

Normally not, according to the Cohabitation Act's definition of joint cohabitation property, although other ownership rules may be relevant.

Can cohabitants agree on a different distribution?

There may be room for contractual arrangements, but form, taxes, and property issues should be assessed separately when major assets are involved.

The article provides general information and does not replace legal advice.