In close personal relationships, money and property often change hands without written agreements or clear terms. But what happens when the relationship ends – and one party claims it was a gift, while the other says it was a loan or even fraud? In this article, we explore the legal distinctions between gifts, loans, and fraud under Swedish law, and what you should keep in mind to protect your interests.
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What Counts as a Gift Under Swedish Law?
According to the Swedish Gift Act (Gåvolagen 1936:83), a gift is a voluntary transfer of wealth made without expecting anything in return. For a transaction to be considered a legally binding gift in Sweden, the following conditions must be met:
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The giver must have a true intent to give (gåvoavsikt)
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The recipient must accept the gift
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The gift must be completed (e.g., the money is transferred or the property is handed over)
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In close relationships – such as between spouses, cohabitants (sambos), or family members – the intent to give is often questioned once a dispute arises.
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When Does a Gift Become Fraud?
If someone, through deception, lies, or abuse of trust, convinces another person to hand over money or property, this may be considered fraud under Chapter 9, Section 1 of the Swedish Penal Code (Brottsbalken). Examples of this include:
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False claims of financial hardship
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Fake promises of repayment
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Exploiting a person’s mental illness or dependency
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What may appear to be a gift on the surface can, in reality, be deemed a fraudulent act – especially if the giver did not fully understand what they agreed to.
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Common Legal Disputes in Swedish Courts
Swedish courts have handled several cases where one party alleges that they were defrauded out of money that the other party claims was a gift. Examples include:
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An elderly person transfers large sums of money to a new partner who promises a life together. When the relationship ends, the recipient refuses to repay – was it a gift or fraud?
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A cohabiting partner pays the entire down payment for a shared apartment. When the relationship ends, the other partner claims it was a gift.
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A parent gives money to an adult child, expecting repayment. The child later insists it was a gift.
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In these situations, the burden of proof is crucial. The person claiming something was a gift must demonstrate that there was a clear and voluntary intention to give – which can be difficult without documentation.
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How to Protect Yourself in Sweden
To avoid costly legal battles and emotional strain, it’s important to be clear from the outset. Here are some practical tips relevant under Swedish law:
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Put it in writing – even in close relationships. A simple loan agreement (skuldebrev) or gift letter (gåvobrev) can go a long way.
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Save messages and transaction records that support what was agreed.
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Be clear about the purpose – is it a gift, a loan, or an investment?
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Document large transfers – especially for home purchases, bank transfers, or major shared expenses.
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Summary
The line between a gift and fraud isn’t always clear – especially in emotionally charged relationships built on trust. But from a Swedish legal perspective, the key issue is whether there is evidence of real gift intention and voluntariness. If you’re unsure, it’s always wise to consult a lawyer familiar with Swedish civil and criminal law.
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If you have suffered financial loss due to deception in a romantic relationship, seeking legal advice may be an important first step toward protecting your rights and beginning the process of recovery—both financially and emotionally.
