Division of Property

Married couples: the Marriage Code

Under the Marriage Code (äktenskapsbalken), each spouse owns their own property during the marriage, but property that is marital property (giftorättsgods) is included in a division of property when the marriage ends. The starting point is that the net value of both spouses' marital property, after deduction of debts, is divided equally.

Separate property (enskild egendom) is excluded from the division. Property becomes separate property mainly through a prenuptial agreement (äktenskapsförord) or a condition in a gift, will or beneficiary designation.

Prenuptial agreements (äktenskapsförord)

A Swedish äktenskapsförord must be in writing, signed by both spouses and registered with the Swedish Tax Agency to be valid. It can be entered into before or during the marriage. A court may in certain circumstances adjust an unreasonable agreement.

Cohabitants: the Cohabitees Act

Unmarried cohabitants are covered by the Cohabitees Act (sambolagen), which is considerably narrower than the Marriage Code. Only the joint home and household goods acquired for joint use (samboegendom) are included in a division. Other assets, savings and, for example, a holiday home are generally not included.

Following separation, a cohabitant must request division of cohabitation property within one year after the cohabitation ended. If the cohabitation ends through death, or a cohabitant dies within one year after it ended, the request must instead be made no later than when the estate inventory is carried out. On death, only the surviving cohabitant may request division. Cohabitants may agree in writing to exclude division or particular property from it.

A claim to take over a rented or tenant-owner home outside the divisible cohabitation property is a separate matter under section 22 of the Act, with different conditions and deadlines. A claim normally must be made within one year after cohabitation ended, or within three months after the claimant leaves the home. A special exception applies on the death of the cohabitant who held the home if the survivor remains there.

Valuation and allocation

In a division, assets are valued at market value and debts are deducted. Each party has certain priority rights to receive specific assets, and the party with the greatest need of the home may in some cases be entitled to take it over against compensation. Equal division may be adjusted (jämkning) in certain circumstances, for example after a short marriage.

If the parties cannot agree, the district court may appoint a property divider (bodelningsförrättare).

International property situations

In Sweden, the applicable-law rules in Chapter III of Council Regulation (EU) 2016/1103 apply to spouses who marry, or specify the law applicable to their matrimonial property regime, on or after 29 January 2019. They can therefore apply to an earlier marriage where the spouses make a choice of law on or after that date. The designated law may be that of a non-EU country; not all EU Member States participate in the Regulation.

The Regulation's jurisdiction and recognition rules have separate transitional provisions and are not restricted to marriages entered into on or after that date. Earlier marriages without a qualifying later choice of law require assessment under the relevant transitional and other applicable rules, including any relevant Nordic arrangements. Assets located abroad and foreign prenuptial agreements require particular attention.

Frequently asked questions