COHABITATION AGREEMENT

When a cohabitation relationship ends for reasons other than the cohabitants marrying each other, a division of the estate must be made if one of the cohabitants so requests. This must be done within one year of the separation. If the cohabitation is terminated by the death of one of the partners or if death occurred within one year of the termination of the cohabitation, the request for partition must be made at the latest when the estate inventory is recorded.

The division of property includes the cohabitant’s shared home and household goods if the property was acquired for joint use.

A cohabitation agreement is an agreement between the cohabitants which stipulates that certain property is not to be included in the division of the estate or that no division of the estate is to take place.

For a cohabitation agreement to be valid, it must be in writing and signed by both parties.

Failure to properly address these issues in a cohabitation agreement can lead to confusion and future conflict. We therefore recommend that the agreement is drawn up with the help of an experienced lawyer.

Wactmeister Advokatbyrå regularly assists clients in this type of matter.