Kara Sears
Sweden has a unique approach to relationships and marriage. While marriage is still the most common form of cohabitation, Sweden also legally recognises de facto cohabitation partnerships, which are similar to common-law marriages. These partnerships offer legal rights to couples who live together without being married, including the recognition of their family unit and certain property rights. This recognition extends to both heterosexual and same-sex couples, with same-sex couples also able to enter into registered unions, which can be converted into marriages.
| Characteristics | Values |
|---|---|
| Term for common-law marriage | Sambo |
| Definition of "sambo" | A couple who lives together without being married |
| Legal rights | Yes, similar to those of married couples, especially regarding property |
| Recognition of common-law marriage in other countries | Yes, in some places in the US |
| Recognition of marriages performed abroad | Yes, including polygamous marriages |
| Recognition of annulment | No |
| Recognition of divorce | Yes, regardless of gender |
| Recognition of foreign divorces | Yes, if certain conditions are met |
| Recognition of same-sex civil partnerships | Yes |
| Rights of cohabitants | Same as spouses' rights |
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What You'll Learn
Sweden's 'sambo' law
Sweden's sambo law recognises couples who live together without being married. The term "sambo" is derived from the Swedish adjective "sammanboende", which combines "samman" (together) and "boende" (to live). Swedish law treats sambos as a de facto cohabitation partnership, granting them legal rights and protections, particularly regarding property.
Under the sambo law, couples are entitled to half of their shared residence and its contents, such as furniture and household equipment, if they separate. This is known as "samboegendom". However, other assets like money in bank accounts, cars, holiday homes, and items purchased before the relationship or for individual use, are excluded. Couples can also declare specific property as separate through a "bodelningsavtal" agreement, which must be in writing and signed by both partners.
The sambo law applies to both opposite-sex and same-sex couples, reflecting Sweden's recognition of three forms of relationships: marriage, registered unions, and de facto cohabitation partnerships. While marriage remains the strongest legal framework for couples, the sambo law provides significant protections for unmarried couples, ensuring their rights in matters of property and inheritance.
Some experts, like Susanne Edebäck, legal counsel at Familjens jurist, suggest that the sambo law could be improved. Edebäck proposes that sambo couples should be considered joint owners of all property acquired during the relationship, not just their shared residence and furniture. She also recommends that couples make a statement when they move in together to demonstrate their understanding of the law. Despite these suggestions, Edebäck values the option for couples to choose between different types of partnerships, each with varying rights and obligations.
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Property rights
Sweden does not have common-law marriage. However, the Swedish term "sambo" refers to couples who live together without being married—the equivalent of a common-law marriage. While marriage is still popular in Sweden, it is not obligatory, and many couples choose to cohabit without marrying. Swedish family and succession laws recognize three forms of couples' relationships: marriage, registered unions, and de facto cohabitation partnerships.
Swedish law grants spouses the right to half the net value of marital property following a divorce or the death of one spouse. This is known as the deferred community of the property regime. Spouses are free to make decisions about their personal property, except concerning the disposal of common housing and property for the spouses' home.
In the case of divorce, the marital property is divided equally between the spouses. However, this rule can be canceled by an express agreement between the spouses. Before the division, a part of the marital property must be deducted to cover any debts of the family and spouses.
Upon the death of one spouse, the surviving spouse has the right to a portion of the inheritance, regardless of the presence of children or testamentary dispositions. This basic value, called "basbeloppsregeln", is of limited financial value (around 18,000 euros in 2019).
For couples in a de facto cohabitation partnership, the patrimonial regime is based on the Marriage Code. The dwelling and goods purchased for this purpose may be subject to division. These couples can also conclude matrimonial property contracts, establishing that certain goods are considered the exclusive personal property of one partner.
Same-sex couples who registered their partnership before 2009 and did not convert it into a marriage still have legal effects, including regarding property rights.
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Marriage and divorce laws
Sweden recognizes three forms of couples' relationships: marriage between people of the opposite and same sex, registered unions (same-sex registered unions not converted into marriage), and de facto cohabitation partnerships between people of the opposite and same sex. The term "sambo" refers to couples in Sweden who live together without being married. This is the closest equivalent to common-law marriage in Sweden. However, unlike common-law marriages in some places in the US, the Swedish sambo law does not impose marriage on couples after a certain period. Instead, sambos are given legal rights by the sambo law itself, similar to those of married couples, especially concerning property.
To get married in Sweden, individuals must be above 18 years old. Sweden also recognizes marriages performed abroad, including polygamous marriages, and all spouses are registered as such in the population register. However, an individual who is already married is not permitted to enter into another marriage. Foreign citizens seeking to marry in Sweden may be required to provide specific documentation, including a certificate of no impediment and a wedding certificate from the Tax Agency.
In terms of divorce laws, Swedish law is gender-neutral. Any spouse who wishes to end the marriage will be respected, and no grounds need to be given. Divorces are recognized in Sweden if there was a valid reason for the divorce to be dealt with in another country, considering the spouses' citizenship, habitual residence, or other affiliations. Divorces can be filed for through a joint written application or by one spouse filing a written application for summons against the other spouse.
Upon dissolution of the marriage, the property regime of the deferred community is dissolved, and the property is divided equally between the spouses. However, this rule can be canceled by an express agreement between the spouses. Additionally, if there is an agreement between the spouses to exclude certain goods from the communion, such as through a matrimonial property contract, those goods are considered the exclusive personal property of one spouse. In the event of the death of one spouse, the surviving spouse has the right to a portion of the inheritance, regardless of the presence of children or testamentary dispositions.
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Same-sex marriage recognition
Sweden does not have a direct equivalent of common-law marriage. However, the Swedish term "sambo" refers to a person who lives with their romantic partner without being married—this is considered the closest equivalent to a common-law marriage in Sweden. The sambo law grants legal rights to cohabiting couples, such as certain protections and benefits, including those related to joint ownership of property.
In 1987, Sweden established a statutory relationship protection scheme separate from marriage for all cohabiting couples, including same-sex couples. This was the first statutory protection for same-sex couples in Sweden. The law ensures that couples can agree on how their jointly acquired property will be divided in the event of a separation. It also allows for subsidised assisted reproduction, requiring the partner's consent. However, a surviving sambo partner is not entitled to inherit the deceased partner's property by default and must request a division of the common home and household goods from the deceased's heirs.
Same-sex marriage has been legal in Sweden since 1 May 2009, following the adoption of a gender-neutral marriage law by the Riksdag on 1 April 2009. Sweden was the third country in the world to legally recognise same-sex unions, after Denmark and Norway. Registered partnerships, which were only available to same-sex couples, were legalised in 1995 and provided the same range of protections, responsibilities, and benefits as marriage, including adoption rights and legal procedures for relationship dissolution. Since 2009, same-sex marriages have also been performed by the Church of Sweden.
Sweden offers legal recognition of non-binary, genderqueer, or third gender identities, and prohibits discrimination based on sexual orientation and/or gender identity in employment. The country also recognises marriages performed abroad, including polygamous marriages, and all spouses are registered in the population register.
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Cohabitation rights
Sweden does not recognise common-law marriage. However, the Swedish term "sambo" is used to describe couples who live together without being married, which is similar to the concept of common-law marriage. While sambo couples do not have the same legal rights as married couples, they are given certain legal rights by the sambo law.
Swedish family and succession laws recognise three forms of couples' relationships: marriage, registered unions, and de facto cohabitation partnerships. De facto cohabitation partnerships, or sambos, are recognised between persons of the opposite sex and same-sex couples. Two subjects are considered cohabiting if they have a couple relationship, live together habitually, and share a common family nucleus.
The patrimonial regime between individuals forming a de facto cohabitation is based on the Marriage Code. The building used as a dwelling and the goods purchased for this purpose may be subject to division. De facto cohabiting partners can also conclude matrimonial property contracts, in which certain goods belonging to or purchased by one partner are considered their exclusive personal property.
Upon the dissolution of cohabitation, a division of property takes place only upon the request of one or both cohabitants. In the event of the death of one partner, the surviving member does not have the right to inherit the assets of the deceased partner. However, they are also not responsible for any debts or mortgages of the deceased partner.
If one partner in a de facto cohabitation partnership is a citizen of Sweden or the EU/EEA, and the other partner is not, the non-citizen partner must apply for a residence permit to live with their partner in Sweden. Both partners must be over 21 years old, and the citizen partner must meet the maintenance requirement and have a home large enough to house both partners.
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Frequently asked questions
Yes, the Swedish term "sambo" means a person who lives with their romantic partner without being married. It is the equivalent of a common-law marriage and is legally recognised in Sweden.
"Sambos" are given legal rights by the sambo law itself, much like being married. However, marriage gives a couple the best legal rights. "Sambos" have rights, especially when it comes to property. For example, if a couple splits up, they are both entitled to half of the property acquired during the relationship.
There is no mention of registering as "sambo" in Sweden. However, if a couple has married or entered into a registered partnership, the person in Sweden must register this relationship with the Swedish Tax Agency.
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