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Sambo legal rights

Can I be forced to leave our shared apartment?

dotti43
post 9.Jan.2016, 02:57 PM
Post #1
Joined: 9.Jan.2016

I moved to Sweden from The USA with my partner of almost 6 years for his job. We have been living here together for 3 years and he is my registered sambo. He purchased an apartment that we both moved into together and having been living in for 2 years. Although he is the technical owner of the apartment, this has been my legal address for 2 years. My name is also on the mailbox and the door if it matters.

I went to visit my family in the USA and I am currently still there for a 2 week visit. While I am here my sambo has messaged me that I am not welcome to come back to our apartment. He said that he wants me to stay in the USA and live with my family (which I am not able to do). He told me he will send me my things and our pets. He told me if I come back he will force me to leave.

I have a return ticket to Sweden in one week and I need to what my legal rights are if any. Does he have to let me back into our apartment? I have my set of keys, but can he force me to leave? Also, do I have any rights to division of the property? I definitely have to come back even if it is temporary. I am a legal resident and registered as his sambo. We actually just had all our immigration paperwork renewed a few months ago. Any advice would be greatly appreciated!
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Emerentia
post 9.Jan.2016, 03:37 PM
Post #2
Joined: 23.Dec.2011

As I can see it, you haven't moved out, you still live there, you have just been on vacation and have every right to return to your home. It could get a bit nasty though, so I recommend that you bring someone with you if you go there. That he talks about forcing you out doesn't sound a bit scary. Hope you are careful.

It sounded really strange that a long-time boyfriend would behave like this, all of a sudden, but I have no knowledge of your history together and what has lead to this breakup.

I'm not lawyer, did he buy the apartment before or after you decided to move in together? This is the key issue, not names on the door or mailbox. If he bought it before, then all of it is his, but if he bought it so you two could move in together half of it is yours. To me, from what your describing, that you already had been a couple for three years in the US, it seem like the latter. That the purpose of buying the apartment was for the both of you to live there together. That is the important thing, the purpose. If you can show it is, and he can't show that he bought it for himself, and that you happened to move in later, half of the apartment is yours.

(My opinion, though, is that the apartment is his, since he payed for it, but my opinion doesn't matter, when it comes to how the law is written.)

Same things with the stuff in the apartment. Say you brought a TV that you've owned since before you were a couple, then that is yours and he has no right to that. And he had a painting that he owned before, then you have no right to that. But if you bought a sofa, and even if you bought it yourself and he didn't pay for it at all, half of it is still his, if it was bought to your shared household.

If you can't agree how your stuff should be split then you need to apply for "bodelning" (divison of the property) at a public court (tingsr?tten) within a year after the breakup. The court will assign a "bodelningsf?rr?ttare", a lawyer, and the cost of this will be split between you and your ex-sambo. This lawyer decides what of the property that should split up between you, how it should be valued, and how it should be split between you.
Here are some links, in Swedish though.
http://www.sambolagendirekt.se/sambolagen-...ratt-eller-hus/
http://www.domstol.se/sok/?tab=postalcode (put your postal code in the field to find which "tingsr?tt" is the one you should apply your "bodelning" to.)

Hope this was of some help for you!
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dotti43
post 9.Jan.2016, 03:48 PM
Post #3
Joined: 9.Jan.2016

Thank you. Yes, to be more specific he bought the apartment after we had been already living together for a year in Sweden and we were a couple living together in the USA before that.

This has come as a shock to me and I'm trying to prepare what I will do once I get back. I was just on vacation and my sambo and I were both planning on my return.

Does anyone know who I can contact if for some reason he will not physically let me return to the apartment or he forces me to leave unexpectedly? Would I be able to contact the police department in this situation?
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DaveN
post 9.Jan.2016, 04:06 PM
Post #4
Joined: 28.Feb.2007

Under the current laws, everything he bought is his, and vice versa. Things bought together have to be split. Unless there is a contract between you to the contrary or there are kids involved.

So the flat is his, and his alone. He can decide who lives with him there. If he doesn't want you there, thats his choice.
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axiom
post 9.Jan.2016, 07:30 PM
Post #5
Location: Stockholm
Joined: 24.May.2011

QUOTE (DaveN @ 9.Jan.2016, 04:06 PM) *
Under the current laws, everything he bought is his, and vice versa. Things bought together have to be split. Unless there is a contract between you to the contrary or there a ... (show full quote)


Nonsense.

If you were a couple when the apartment was purchased, and you moved in together, you own the apartment 50/50, even if it is only in his name, he pays all the loan, all the deposit, renovation, whatever, it is 50/50.

So he can ask you to move out as much as he wants, but he better start paying you 50% of the current market value of the apartment. It is of no importance who pays how much etc. Here is some reading:

http://www.lawline.se/categories/58
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007
post 10.Jan.2016, 07:01 PM
Post #6
Location: Stockholm
Joined: 2.Apr.2006

it sounds like your sambo is trying to get out of the relationship not only in a very cowardly way, but also in a way that costs him the least (emotionally, financially and effort-wise).

as has been pointed out, you have legal rights that protect you, both to your home and to your rights for financial compensation. you might not feel you have a legal claim to half the value of the flat you share, but since you legally do, that is a huge trump card for you to hold in trying to mediate a reasonable dissolution to your relationship and a equitable and agreeable way to divide your shared assets.

he cannot force you to leave your home (that's not to say he might have tried to change the locks). you should be able to contact the police to get back in. you can certainly call a locksmith to open the door for you (it's your legal residence.)

do you now have permanent residency? do you have an income and can support yourself? if you intend to carry on living in sweden, which is fully within your right as a permanent resident, you need to fight for your housing and your financial positioning. don't quit!
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LLHope
post 11.Jan.2016, 11:35 AM
Post #7
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (DaveN @ 9.Jan.2016, 03:06 PM) *
Under the current laws, everything he bought is his, and vice versa. Things bought together have to be split. Unless there is a contract between you to the contrary or there a ... (show full quote)
Incorrect in this instance. Swedish Sambo law and asset division takes into consideration the intention of the purchase not just the one that actually paid.

In OP's case, they were living together here before the apartment was purchased, the purchase was clearly for both to live in (otherwise OP would not have been living there now!). So, even though the partner has paid etc... OP is entitled to 50% of the asset because the intent was to purchase for both to live in.

OP, you have every right to go into the apartment, the question is rather ...why would you really want to, is our partner likely to become angry, violent etc? Safety first. Tell your partner that obviously the relationship is over and you will apply to the court for them to appoint someone to divide the assets if you cannot agree about the 50/50 split. Either OP has to buy out the partner, or the partner buy out OP, based upon current market value. If neither, then it can be forced to put the apartment onto the market for sale.
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Cheeseroller2
post 11.Jan.2016, 02:40 PM
Post #8
Joined: 4.Jul.2009

My advice would be to contact a family lawyer and have them send him a letter that they will represent you, outline the legal position, and say you are willing to come to a fair agreement. You don't want this to drag on indefinitely. He probably assumed you wouldn't think to find out your legal rights - my former Sambo also played me for a fool until she pushed too far and I lawyered up.

If you are based in Stockholm, I can recommend someone.
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bitteredlake
post 22.Feb.2016, 04:07 PM
Post #9
Joined: 27.Mar.2015

a bit off topic, but what happens in the case of visa expiring soon? "The party being asked to leave the apartment does not have the right to live legally in Sweden anymore"
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yet another brit
post 22.Feb.2016, 04:41 PM
Post #10
Joined: 5.Jan.2013

QUOTE (bitteredlake @ 22.Feb.2016, 04:07 PM) *
a bit off topic, but what happens in the case of visa expiring soon? "The party being asked to leave the apartment does not have the right to live legally in Sweden anymore"


I'm guessing that whether you have a legal right to the property won't depend on whether you have a right to reside, since you don't need to be resident to own property.
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bitteredlake
post 22.Feb.2016, 04:48 PM
Post #11
Joined: 27.Mar.2015

QUOTE (yet another brit @ 22.Feb.2016, 04:41 PM) *
I'm guessing that whether you have a legal right to the property won't depend on whether you have a right to reside, since you don't need to be resident to own property.


No, in Sweden you have to be a legal resident to be able to "own" property. I mean, the banks will not check with migrationsverket regularly but they do it once at least if a split or something similar happens. (I am also assuming here)
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yet another brit
post 23.Feb.2016, 11:10 AM
Post #12
Joined: 5.Jan.2013

QUOTE (bitteredlake @ 22.Feb.2016, 04:48 PM) *
No, in Sweden you have to be a legal resident to be able to "own" property.


I don't think that is true any more. Joining the EU removed that.

Now, using/owning a property in Sweden might make you liable for tax in Sweden, but that is a different discussion!
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badkarma
post 25.Feb.2016, 01:36 PM
Post #13
Joined: 19.Dec.2013

QUOTE (DaveN @ 9.Jan.2016, 04:06 PM) *
Under the current laws, everything he bought is his, and vice versa. Things bought together have to be split. Unless there is a contract between you to the contrary or there a ... (show full quote)


This is incorrect information, unless he bought the apartment before they met half / or some of it belongs to her.
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