When is a cohabitation agreement needed? 8 situations where the agreement can be important

Factual information verified: October 1, 2026 · Cohabitees Act (2003:376)

A cohabitation agreement is not necessary for all cohabitees. It becomes particularly relevant when the standard outcome of a division of property under the Cohabitees Act does not align with how you want joint housing or household goods to be treated.

1. You are buying a home together but contributing different amounts

This is one of the most common cases. If the home is purchased for joint use, the division of property rules of the Cohabitees Act may become applicable even if one person has contributed a significantly larger down payment.

However, the cohabitation agreement is only part of the solution. You also need to check your actual ownership shares and whether the larger contribution is a gift, a larger ownership share, or a loan to the other cohabitee. In the case of a loan, a promissory note may be required.

2. One person buys the home but both are moving in

The fact that only one cohabitee is listed as the buyer does not automatically mean that the home falls outside the Cohabitees Act. If the home is acquired to become the couple's joint home, it may be cohabitation property.

If the intention is that the home should not be included in a future division of property, a cohabitation agreement can therefore be central.

3. You are moving in together into a home already owned by one person

A home that was already owned and not acquired for the joint cohabitation is generally not cohabitation property simply because the other person moves in later. Here, a cohabitation agreement may therefore be less important for the division of property status of the home specifically.

However, other issues can still arise, such as financing of renovations, loans between the cohabitees, or the special right of takeover for rental and tenant-owner apartments in Section 22.

4. You want to ensure no cohabitation division of property takes place

Section 9 of the Cohabitees Act gives cohabitees and future cohabitees the right to agree that no division of property shall take place. This can be appropriate when both want to keep their respective cohabitation property instead of the statutory value division.

5. You only want to exclude a specific home or certain property

You do not need to agree to exclude the entire division of property. The law allows for certain property to be excluded. Be exact in the description so that it is possible to identify which home or which household goods the agreement refers to.

6. Someone has a business, savings, or other large assets

Here, a cohabitation agreement is often not needed for the asset itself, as shares, bank funds, businesses, and many other assets are not cohabitation property at all. The Cohabitees Act mainly covers housing and household goods for joint use.

It is therefore incorrect to assume that cohabitees need a cohabitation agreement to "protect all their assets" in the same way that spouses can use a prenuptial agreement for marital property.

7. You want to protect each other in the event of death

A cohabitation agreement does not resolve inheritance issues. Cohabitees have no automatic right of inheritance from each other. In the event of death, the surviving cohabitee may request a division of cohabitation property, but inheritance is regulated separately.

If you want the survivor to inherit, you therefore normally need a will. If there are forced heirs, the rules regarding statutory shares (laglott) must be taken into account.

8. You want to reduce the risk of future disputes regarding evidence and division of property

A clear agreement can reduce uncertainty about whether a division of property should take place and which property should be excluded. However, the document should not be burdened with wording on issues that the cohabitation agreement does not actually regulate.

When is a cohabitation agreement not enough?

• Different financing: check ownership shares and consider promissory notes.
• Inheritance: use a will.
• Joint ownership: a co-ownership agreement can regulate practical ownership issues.
• Bank loans: liability toward the bank is governed by the loan agreement, not the cohabitation agreement.
• Separation that is already imminent: the Cohabitees Act has special rules regarding pre-agreements in anticipation of a coming division of property.

The formal requirements are simple – the content is the difficult part

A cohabitation agreement must be in writing and signed by both parties. There is no legal requirement for witnesses or registration. However, an unreasonable term may be adjusted or disregarded during the division of property.

Example: different down payments

Suppose two cohabitees buy a home for joint use and own half each, but A pays 600,000 SEK as a down payment and B pays 200,000 SEK. A cohabitation agreement excluding the home from the division of property can prevent the Cohabitees Act's equal division of net value, but it does not automatically create a claim for 200,000 SEK or change the ownership shares. The financial structure needs to be documented separately.

See also 20 common questions about cohabitation agreements and the main guide Cohabitation agreement – what applies?.

Source

Cohabitees Act (2003:376), especially Sections 3–10 and 13–22