| |||||||||
    |
|||||||||
 |
Version for print Change font size
|
||||||||
|
|
|
|
The Ombudsman against Discrimination on grounds of Sexual Orientation has ceased to exist. On 1 January 2009 the Ombudsman was merged with the other Ombudsmen against discrimination into a new body: the Swedish Equality Ombudsman. The previously existing acts against discrimination were also replaced with a new Discrimination Act. Some of the material on this website may therefore be out of date. For more information, see: www.do.se
 (Including amendments: up to and including SFS 2005:454) The definition of cohabitees Section 1. By cohabitees is meant two people who live together on a permanent basis as a couple and who have a joint household. When reference is made in an Act or another statutory instrument to cohabitees or persons living together in conditions resembling marriage or when similar expressions are used, this thus refers to cohabitees in accordance with the first paragraph. This Act only applies to cohabitee relationships in which neither of the cohabitees is married. The Act applies to the joint dwelling and household goods of the cohabitees. According to the Registered Partnership Act (1994:1117), the provisions of this act on marriage shall also apply to registered partnerships. When a cohabitee relationship ends Section 2. A cohabitee relationship ends 1. if the cohabitees or either of them marry, 2. if the cohabitees move apart or 3. if either of the cohabitees dies. A cohabitee relationship shall also be considered as ending if a cohabitee applies for the appointment of an executor to divide the property under section 26 or for entitlement to continue to reside in a joint dwelling under section 28 or if a cohabitee institutes proceedings to take over a joint dwelling under section 22. The property of cohabitees Section 3. Unless otherwise provided for in section 4 or 9, the cohabitees' joint dwelling and household goods are joint property if the property has been acquired for joint use. Section 4. The joint property does not include 1. property received by a cohabitee as a gift from someone other than the other cohabitee on condition that the property is to be the recipient's individual property, 2. property received by a cohabitee through a will on condition that the property is to be the recipient's individual property. 3. property inherited by a cohabitee, which, according to the testator's will, is to be the recipient's individual property and 4. what has taken the place of property referred to in 1-3, unless otherwise provided for by the legal document according to which the property is individual. Section 5. Unless otherwise provided for in section 7, for the purposes of this Act, the cohabitees' joint dwelling refers to 1. real property owned or held as a site leasehold by the cohabitees or one of them, if there is a building on the property, which is intended as the the joint home of the cohabitees and the property is held mainly for this purpose, 2. real property which the cohabitees or one of them has the right to use in association with a building on the property owned by the cohabitees or one of them, if the building is intended as the joint home of the cohabitees and the property is held mainly for this purpose, 3. a building or a part of a building, which the cohabitees or one of them holds on the basis of a tenancy, a tenant-owner right or any other similar right, if the building or the part of the building is intended as the joint home of the cohabitees and is held mainly for this purpose, and 4. the building or the part of the building which the cohabitees or one of them is entitled to acquire in the future with a tenant owner right under the advance agreement referred to in Chapter 5 of the Tenant Ownership Act (1991:614), if the entitlement concerns an apartment which, when the agreement was entered into, was intended to be the joint home of the cohabitees and to be held mainly for this purpose. The cohabitees may notify the property registration authority in a document signed by them both that real property, title to which is registered in the name of one of them, or a site leasehold, for which one of them is registered as the leaseholder, is their joint dwelling. Section 6.Unless otherwise provided for in section 7, in this Act, the cohabitees' joint household goods refers to furniture, domestic appliances, and other corporeal chattels for indoor use intended for the joint home. Household goods exclusively for the use of one cohabitee are not joint household goods. Section 7. The cohabitees' joint dwelling and household goods do not include property used mainly for recreational purposes. Division of property Section 8. When a cohabitee relationship ends for another reason than the cohabitees marrying one another, at the request of either of the cohabitees, a division of property shall take place. The property division shall be performed on the basis of the property relationships that applied on the date that the cohabitee relationship ended. The request for division of property shall be made not later than one year after the relationship ended. If the cohabitee relationship ends following the death of one of the cohabitees or if a cohabitee dies within one year of the end of the relationship, a request shall be made no later than when the estate inventory is drawn up. Section 9.Cohabitees or prospective cohabitees may agree that a division of property shall not apply to a particular item of property. They may change what has previously been agreed upon by a new agreement. The agreement is to be drawn up in writing and to be signed by the cohabitees or the prospective cohabitees. This shall also apply if either of them is a minor or if the agreement concerns property that is to some part subject to administration pursuant to the Parental Code. In this case, however, the written consent of the guardian or administrator is to be obtained. If a condition in the agreement is unreasonable taking into consideration the content of the agreement, the circumstances at the time of the agreement's coming into being, subsequent and other circumstances, it may be adjusted or disregarded in the property division. Section 10. Cohabitees may, in the event of an imminent ending of the cohabitee relationship, make an agreement on the future division of property or on other matters relating to this (prior agreement). A document is to be drawn up on the agreement that is to be signed by the cohabitees. The provisions made in section 9, third paragraph, on conditions in agreements concerning division of property also apply to conditions in the prior agreement. Section 11. Each cohabitee is obliged, until the division of property has been made, or the issue of division of property has lapsed, to account for his or her joint property, for any such joint dwelling as can be taken over under section 22 and for such joint property that the cohabitee has held but which belongs to the other cohabitee. Section 12. When a division of property takes place, the cohabitees' shares in the property shall first be calculated. Section 13. When calculating the cohabitees' shares in the property, a deduction shall be made from what each cohabitee owns of the property sufficient to cover the debts that the cohabitee had when the relationship ended. Claims on a cohabitee, which do not carry a preferential right in the joint property and are not attributable to such property in any other way, shall only be covered from this property only to the extent that payment cannot be obtained from other property. Section 14.The combined balance of the cohabitees' joint property, after deductions have been made to cover debts as provided for in section 13, is to be calculated. The value thereof shall then be divided equally between the cohabitees. Section 15. In so far as, it is unreasonable, in view of the duration of the cohabitee relationship as well as the cohabitees' financial and overall circumstances, for one cohabitee to surrender property to the other to the extent following from sections 12-14 when cohabitation ends, the property shall instead be divided in such a way as to allow the first-mentioned cohabitee to retain more of his or her property. If one cohabitee has been declared bankrupt when property division is to take place or if there are other special reasons for not dividing the cohabitees' property, the cohabitees shall each retain their property as their share. Section 16. The property is to be apportioned between the cohabitees guided by the share calculated for them. The cohabitee most in need of the dwelling or household goods shall be entitled to receive this property, with a corresponding deduction from his or her portion or, if it is of little value, without such deduction. However, a cohabitee may only take over a dwelling or household goods belonging to the other cohabitee provided that it can be considered reasonable for the first-mentioned cohabitee to do so, taking into account the overall circumstances. If the property is security for a claim, which carries a preferential right in the property, a further condition for it to be taken over is that the other cohabitee shall be relieved of responsibility for the claim or that funds to pay it shall have been placed in safe custody. Section 17. A cohabitee shall be entitled to pay a corresponding sum of money instead of surrendering property to the other cohabitee. If acceptable security is provided for the payment, the cohabitee may be given reasonable time in which to pay. If no payment is made, the other cohabitee shall be entitled to receive, as far as possible, such property as is not manifestly unsuitable for that cohabitee. If one cohabitee takes over a dwelling or household goods with a corresponding deduction and does not provide the other cohabitee with property from the joint property, the first-mentioned cohabitee shall pay a corresponding sum of money. If acceptable security is provided for the payment, the cohabitee may be given a reasonable time in which to pay. Section 18. If a cohabitee dies, the provisions concerning the right to request division of property and concerning the right to take over a dwelling or household goods shall only apply in favour of the surviving cohabitee. If a cohabitee relationship ends following the death of a cohabitee, the surviving cohabitee shall always be entitled to receive, as his or her share in the division of property, a part of the property, net of debts, corresponding to twice the price base amount pursuant to the National Insurance Act (1962:381) at the time death occurred. The provisions of Chapter 15, sections. 1 and 3, of the Inheritance Code concerning forfeiture of inheritance rights shall also apply as regards the surviving cohabitee's entitlement, in the division of property, to share in the property of the deceased. Section 19. If property division has resulted in real property being divided in such a way that the cohabitees have received distinct shares without partition of the property being made a condition in the property division document, the cohabitees shall own the real property in common. In so far as the property division in other cases entails part of a piece of real property coming into the hands of a separate owner in other cases, such division of property shall have no legal effect. Section 20. The provisions of Chapter 9, sections 5, 7, 9 and 10 of the Marriage Code also apply to property division under this Act. References to spouses shall in this connection also apply to cohabitees. Instead of the point in time at which proceedings for divorce are instituted, the date on which the cohabitee relationship ends shall apply. Section 21.If in the division of property a cohabitee has, to the detriment of his or her creditors, foregone property, forming part of his or her share under sections 13-16, the provisions of Chapter 13, sections 1 and 2 of the Marriage Code concerning the effect of such action in the division of property between spouses shall apply. Taking over of a dwelling in certain cases Section 22.If one cohabitee holds the joint dwelling on the basis of a tenancy or tenant-owner right and if this property is not joint property, the other cohabitee shall be entitled to take it over at the end of the cohabitee relationship, if that cohabitee is most in need of the dwelling and it can also be considered reasonable for that cohabitee to take it over, taking into account the overall circumstances. If there are not or have not been any children of which both cohabitees are parents, this shall only apply if there are exceptional reasons for it to do so. A claim to take over rented or tenant-owner right is to be made at the latest a year after the end of the cohabitee relationship. If the cohabitee leaves the dwelling, however, the claim must be submitted no later than three months thereafter. The respite of one year does not apply if the cohabitee who owns the dwelling dies and the surviving cohabitee continues to reside in the dwelling. The cohabitee taking over the dwelling under the first paragraph shall compensate the other cohabitee for the value of the dwelling. This may be done by deducting the value of the dwelling when determining the cohabitees' shares in the division of property, if the person surrendering the dwelling can be compensated in this way. Otherwise the deficit shall be paid as a sum of money. If acceptable security is provided for the payment, the cohabitee may be given a reasonable time in which to pay. Restrictions in the right to dispose of the joint dwelling Section 23. A cohabitee may not without the consent of the other cohabitee 1. alienate, let or in any other way grant the use of a dwelling which constitutes joint property or which the other cohabitee may be entitled to take over under section 22, 2. mortgage real property or a site leasehold on which there is a dwelling that constitutes joint property, 3. pledge as security other property that includes a dwelling that constitutes joint property or a dwelling that the other cohabitee may be entitled to take over under section 22, or 4. alienate of or pledge household goods that are joint property. Consent to the alienation of or mortgage of real property or a site leasehold shall be given in writing. The provisions concerning the consent of one cohabitee to action by the other cohabitee shall also apply when such action is taken on behalf of the estate of a deceased cohabitee. Consent shall not be necessary, if the other cohabitee cannot give valid consent or if the cohabitee's consent cannot be obtained within a reasonable period of time. Section 24. If consent which is required for a measure under section 23 cannot be obtained, the court may permit the action on the application of the person wishing to undertake it. Section 25. If, without obtaining the necessary consent or permission, a cohabitee or the estate of a deceased cohabitee, have alienated or, to the detriment of the other cohabitee, granted the use of property, the court shall at the instance of the latter, declare that the legal act is void and that title or use is to be restored. The same shall apply if, without the necessary consent or permission, a cohabitee or the estate of a deceased cohabitee have pledged the cohabitees' household goods as security. The transfer or pledging as security of the household goods shall not, however, be declared void, if the new possessor gained possession of the property in good faith. Proceedings under the first paragraph shall be instituted in the court within three months of the other cohabitee learning of the disposition of the dwelling or the delivery of the household goods. If registration of title has been granted with respect to transfer of real property or a site leasehold, proceedings may not be instituted. If proceedings for eviction have been instituted, the court may grant a reasonable period of time in which to move. Further provisions Section 26. The provisions of Chapter 17, sections 1, 2 and 4-9 and Chapter 18, section 1, of the Marriage Code, shall also apply in the event of disputes between cohabitees. References to spouses shall in this connection also apply to cohabitees. Section 27. When dealing with a matter pursuant to this Act, the court consists of a legally qualified judge. However, if there are special reasons, taking into consideration the nature of the proceeding, the court may consist of a legally qualified judge and three jury members. The government may decide that other district court employees who are not legally qualified judges may appoint an executor to divide the property pursuant to Chapter 17, section 1, of the Marriage Code. Section 28. On the application of a cohabitee, the court shall, as regards a dwelling which under section 8 is to be included in the property division, determine which of the cohabitees shall be entitled to continue to reside in the dwelling until property division has been performed. The court may then also for the same time, at the request of either of the cohabitees, prohibit the cohabitees from visiting one another. The court may also vary a previous order. At the request of either of the cohabitees, the court may decide as to what is to apply under the first paragraph until the issue has been determined by a decision that has attained legal force. An interim decision of this kind may be enforced and shall apply in the same way as a decision that has attained legal force. The decision may, however, be varied by the court at any time and is to be reviewed when a final decision is made in the case. If a person breaches a prohibition on visiting under the first or second paragraph, section 24 of the Prohibition against Visits Act (1988:688) is applicable. Before the court makes a decision, the opposite party is to be given the opportunity to make a statement. Act (2003:485). Section 29. The cohabitee whom the court has determined shall be entitled to continue to reside in the dwelling until the property division has been performed shall be entitled to use the joint household goods which are in the dwelling and which belong to the other cohabitee. However, the court may order otherwise regarding certain property. Any agreement which the last-mentioned cohabitee subsequently enters into with a third party shall not restrict the right to use the dwelling or household goods. If one cohabitee has been granted the right to continue to reside in the property, the other cohabitee must move from it immediately. Section 30. The question of the right to continue to reside in the dwelling until the division of property has been performed shall be submitted to a district court that is competent to consider disputes on the division of property between the cohabitees. The same shall apply to the question of the court's permission for disposition of a dwelling and household goods by a cohabitee. Section 31. In a case concerning the right to take over a dwelling under section 22, the court, for the period until the question has been decided by a judgment that has attained legal force, at the request of either of the cohabitees, determine which of them shall be entitled to continue to reside in the dwelling. The court may then also for the same time, at the request of either of the cohabitees, prohibit the cohabitees from visiting one another. If the right to continue to reside in the dwelling is granted to the cohabitee who is not the tenant or tenant-owner, the court shall also on request determine what that cohabitee is to pay the other cohabitee for his or her use of the dwelling and what other conditions the first-mentioned cohabitee is to observe. If one cohabitee has been granted the right to continue to reside in the dwelling, the other cohabitee must move from it immediately. A decision under the first paragraph may be enforced in the same way as a judgment that has attained legal force. The decision may, however, be varied by the court at any time. When the case is decided, the court shall review its interim decision. If a person breaches a prohibition on visiting under the first or second paragraph, section 24 of the Prohibition against Visits Act (1988:688) is applicable. Before the court makes a decision, the opposite party is to be given the opportunity to make a statement. Act (2003:485). Section 32. If the court notifies a decision in a case in matters referred to in section 31, first paragraph, proceedings against the decision shall be conducted separately. The decision of the court of appeal may not be appealed against. Act (2003:485). Transitional provisions 1. This Act comes into force on 1 July 2003, when the Cohabitees (Joint dwellings) Act (1987:232) and the Homosexual Cohabitees Act (1987:813) cease to apply. 2. The older provisions apply if a cohabitee relationship has ended before the coming into effect of the Act. |
|
|
|
|
|
HomO | Box 3327, 103 66 Stockholm | E-mail: homo@homo.se | Phone: +46 (0)8 508 887 80 | Fax: +46 (0)8 508 887 90 |
|||||||||
 |
 |
||||||||
