Cohabitation Agreement Template – Word/PDF + English + guide

Cohabitation agreement according to Swedish law

A cohabitation agreement is used to determine how cohabitation property (samboegendom) should be treated in a future division of property. According to the Cohabitation Act (2003:376), cohabitation property mainly consists of the cohabitants' joint home and household goods acquired for joint use. Cohabitants or future cohabitants can agree in writing that a division of property should not take place or that certain property should not be included in the division.

This template is structured to make that distinction clear. It explicitly distinguishes between ownership rights and the right to division of property: a cohabitation agreement does not automatically transfer ownership of a home or other property, does not in itself create a debt between the parties, and does not replace a will, promissory note, co-ownership agreement, or prenuptial agreement when such documents are needed.

What is included – 8 ready-to-use files

Document	Language	Format
Cohabitation agreement – main template	Swedish	DOCX + PDF
User guide for the cohabitation agreement	Swedish	DOCX + PDF
Cohabitation Agreement – Swedish law	English	DOCX + PDF
User Guide – Cohabitation Agreement	English	DOCX + PDF

The Word files are editable so the parties can customize names, personal information, property descriptions, and the chosen agreement option. The PDF files provide a stable reference version, and the guides explain how to use the template, which legal issues fall outside the scope of the agreement, and what should be checked before signing.

Three clear agreement options

1. Opting out of the division of property under the Cohabitation Act

For cohabitants who do not want their cohabitation property to be divided through a division of property according to the general rules of the Cohabitation Act. This does not change ownership rights; each party's ownership must still be assessed according to standard civil law rules.

2. Excluding specific property

For cohabitants who want to allow the Cohabitation Act's division rules to apply otherwise but wish to exclude clearly identified property. The template includes an annex where, for example, a specific tenant-owned apartment or other relevant property can be described as precisely as possible.

3. Defining a clearly specified property category

For situations where the parties want to make a more limited exception. The description must be sufficiently clear to determine which property is covered after the fact. In cases of complex arrangements or high values, individual legal advice should be sought.

When is this template suitable?

The template is intended as general documentation support for cohabitants and future cohabitants under Swedish law, for example when the parties want to create clarity ahead of a home purchase, moving in together, or changing financial circumstances. It can be used both when the parties want to opt out of the division of property entirely and when only certain cohabitation property is to be excluded.

When is it not sufficient on its own?

A cohabitation agreement does not resolve all financial matters between cohabitants. Supplemental documents may be needed if, for example, the parties have different down payments, private loans between them, specific ownership stakes, complex joint ownership, business assets, or wishes regarding inheritance.

• Different down payments: a separate promissory note may be needed to document a claim between the cohabitants. See our specialized package for different down payments, promissory notes, and cohabitation agreements.
• After separation: if the cohabitation relationship has already ended and property is to be divided, a division of property agreement for cohabitants may be more relevant.
• English-first: for those who prefer an English-language product page, we also offer the Cohabitation Agreement (Swedish Law).

Cohabitation property – what exactly is covered?

The Cohabitation Act does not automatically cover all property owned by cohabitants. The core is the joint home and joint household goods acquired for joint use. For example, savings, securities, and cars are normally excluded from the division of property under the Cohabitation Act. For a home, the intent at the time of acquisition is central.

A home that one person already owned and used before the cohabitation relationship began is therefore often not cohabitation property, as it was not acquired for joint use. However, the timing alone does not decide everything. If a home is acquired with the intent that it should become the couple's joint home, the assessment may be different. Therefore, the guide contains specific guidance on how the home should be described and when legal advice is appropriate.

Ownership rights and the division of property are two different issues

This is one of the most important differences in the entire package. A cohabitation agreement regulates the extent to which the Cohabitation Act's division rules should be applied. It does not automatically determine who legally owns a home, what ownership stake someone has, or if one cohabitant owes the other money.

If, for example, two cohabitants own a home 50/50 but have paid different amounts for the down payment, they first need to decide what economic outcome they actually want to achieve. In many such situations, cohabitation agreements are used together with promissory notes. The general cohabitation agreement template is therefore intentionally not designed as a copy of our special package for different down payments.

What happens if the cohabitants get married later?

A cohabitation relationship in the sense of the Cohabitation Act ends when the cohabitants marry each other. The cohabitation agreement does not automatically become a prenuptial agreement. If the parties want to regulate what should be separate property after the marriage, they need to assess whether a prenuptial agreement should be drawn up according to the rules for spouses.

Division of property and the deadline after separation

If the cohabitation relationship ends for reasons other than the cohabitants marrying each other, a division of property can occur if either cohabitant requests it. As a general rule, the request must be made within one year of the cohabitation relationship ending. The Supreme Court has emphasized that the Cohabitation Act's criteria for when a cohabitation relationship is considered to have ended must be applied strictly; it is not always sufficient that the parties simply say the relationship is over.

The template is an agreement for the time before a potential division of property. It does not replace a property division agreement (bodelningsavtal) that is drawn up when property is actually to be distributed.

Special rights may exist despite a cohabitation agreement

The Cohabitation Act contains, among other things, special rules regarding the taking over of a joint home in certain situations and rules regarding consent for certain dispositions. A cohabitation agreement should therefore not be read as if all other provisions in the Cohabitation Act have automatically been opted out of. The guide highlights this as a specific checklist item.

Wills and inheritance – a separate issue

Cohabitants do not inherit from each other according to the legal order of succession. A cohabitation agreement is not a will and cannot be used to give the other cohabitant inheritance rights. If the parties want to protect each other in the event of death, they need to consider a separate will and simultaneously take into account, for example, children's right to their legal portion (laglott).

How to use the template

1. Read the user guide before you begin editing the agreement.
2. Fill in the full details of both parties.
3. Choose a primary option and remove the alternatives that will not be used in the final version.
4. Describe any excluded property clearly enough so that it can be identified later.
5. Check if a promissory note, will, or other separate document is needed.
6. Print or finalize the final version and have both parties sign the agreement.
7. Save a copy each, along with relevant annexes and documentation.

Common mistakes the guide helps you avoid

• thinking that the cohabitation agreement automatically changes ownership stakes,
• trying to create a debt through the cohabitation agreement instead of through a promissory note,
• mixing in testamentary provisions in the cohabitation agreement,
• leaving unclear wording regarding which property is to be excluded,
• assuming that everything bought during the cohabitation relationship is cohabitation property,
• missing that a later marriage requires a new assessment,
• confusing a cohabitation agreement with a division of property agreement after separation.

Frequently asked questions about cohabitation agreements

Must a cohabitation agreement be witnessed?

No, witnessing is not a formal requirement under Section 9 of the Cohabitation Act. Both parties must, however, sign the written document. The template has an optional witness section for those who wish to use it as extra evidentiary support.

Must the cohabitation agreement be registered with the Swedish Tax Agency or other authority?

No. Cohabitation agreements do not have a registration procedure equivalent to, for example, prenuptial agreements. The parties should instead store signed copies and relevant annexes in a secure manner.

Can we just exclude a certain home?

Yes, the Cohabitation Act allows for certain property to be excluded from the division of property. The property should be identified clearly, for example with an address, apartment number, or property designation when relevant.

Can a cohabitation agreement be changed later?

Yes. Cohabitants can change what they have previously agreed upon by creating a new agreement. For major changes, it is often better to draw up a new, clear full version than to work with several difficult-to-interpret addendums.

Does the agreement protect a larger down payment?

Not necessarily. The cohabitation agreement regulates the division of property, but does not automatically document a claim. If one party has invested more money and the parties want the difference to be repaid, a promissory note may be needed depending on the setup.

Is the English version an agreement under UK or US law?

No. It is an English-language version of a document designed for Swedish conditions and Swedish law.

The template is general documentation support designed in accordance with Swedish law. It does not replace individual legal advice. In cases of significant values, complex ownership relationships, international connections, disputes, minors/guardianships, or uncertainty about the home's legal status, professional advice should be sought.