Living together as an unmarried couple (sambor in Swedish) is common in Sweden. But many people are unaware of what happens legally if one partner dies. Does the surviving partner automatically inherit the shared home? In short: No – not unless you have taken specific legal steps. In Sweden, unmarried partners do not have a legal right to inherit each other.
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Unmarried partners have no automatic inheritance rights
Under Swedish law, only married spouses have a legal right to inherit by default. If one partner in a cohabiting relationship dies, their estate will go to their legal heirs – such as children, grandchildren, parents, or siblings – not the surviving partner.
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This applies regardless of how long you have lived together or even if you have children together.
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What happens to the shared home?
If the deceased partner was the sole owner of the home and there is no will, the property will go to their legal heirs. The surviving partner has no automatic right to stay, but may request to take over the home under the Swedish Sambolagen (Cohabitees Act), provided it qualifies as cohabitation property.
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If the couple owns the home jointly, the deceased partner’s share will go to their heirs, and the surviving partner may need to buy out those heirs in order to keep the home.
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Limited protection under the Swedish Cohabitees Act
Sweden’s Sambolagen offers some protection by stating that property and household items acquired for joint use are considered cohabitation property. If one partner dies, the surviving partner can request a division of cohabitation property (bodelning).
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However, this protection is limited:
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It only applies to property acquired for joint use (e.g. the shared home or furniture)
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It does not apply to savings, cars, or vacation homes
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It does not give any inheritance rights – only the right to request division
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You need a will if you want to inherit as an unmarried partner
If you want your partner to inherit the home or other assets, you must write a will. This is the only way to secure inheritance rights between cohabiting partners in Sweden.
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Keep in mind:
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If the deceased partner has children (especially children from a previous relationship), they have the right to their reserved share (laglott) – which is half of the estate
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The remaining half can be left to the partner via a will
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If there are no children, the partner can inherit everything by will
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Examples:
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Example 1: Anna and Johan live together in an apartment owned solely by Johan. Johan dies without a will. His children inherit the apartment. Anna has no legal right to stay and may be forced to move unless she can afford to buy out the heirs.
Example 2: Lisa and Erik jointly buy a house. Lisa dies without a will and has no children. Her parents inherit her share. Erik must buy out her parents if he wants to keep the house.
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How to protect your partner
If you live together in Sweden and want to ensure your partner is protected, consider the following:
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Write a will – to secure inheritance
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Consider a cohabitation agreement – to define what property is included in or excluded from the rules
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Review your insurance policies – a life insurance policy can provide financial stability for the surviving partner
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Consider marriage – spouses in Sweden enjoy full inheritance rights and greater legal protection
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Summary
An unmarried partner does not automatically inherit the shared home in Sweden. Without a will, the property will pass to legal heirs, and the surviving partner may lose their home. If you want to protect each other, it’s essential to write a will and review your legal arrangements in advance.
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Do you need help drafting a will or cohabitation agreement in Sweden?
Contact us – we’ll help you secure the future for you and your partner.
