Ask the finance committee
Ask:
Hello!
I had a partner for four years. During this time we had two accounts. One that we used for rent, food, gas, insurance, and the like. We deposited our earnings directly into the other account and then transferred them to the other account. Over time, more and more money remained in the account into which the salaries were paid.
Since I had a significantly higher income, most of the money I saved came from me. My partner said that if we went our separate ways, I would have a larger share of that money. She completely forgot she had said that when we moved apart. We had 600,000 in the account and since she invoked the cohabitation law and I believed her, we split the savings equally.
A year later I read that anyone who can prove where the money came from is entitled to the same share of the money deposited, so 70 percent for me and 30 percent for them. I went to the bank and got a printout of all the account transactions showing what I had said. She still refuses to give me back the money she overreceived. Is there anything I can do after so long?
Etc
Answer:
Hello!
With the condominium law and what is stipulated in it, it is not always that easy, but basically it is the case that everyone has their own property and the only thing that is owned in common is a shared living space, if it is purchased for shared use, and shared household goods. This is also what is shared equally in a separation. Exceptions may apply if there are children in the household, but I won’t go into them in detail here.
This means that, for example, holiday homes and cars, if they are only owned by one party, will also follow their owner in the event of a separation. The same applies to saving. What you have saved yourself must also be taken with you in the event of a separation.
By entering into a cohabitation agreement you can make a different decision. But you don’t write anything about a cohabitation agreement, so I’m assuming that you didn’t have one.
If I understand correctly, you had two joint accounts, with one account being used to pay joint expenses. I’m curious to see how much each of you paid for shared expenses. It looks like you paid the same amount, so 50 percent each? If that were the case, I understand why your share in the other account has increased but your partner’s share has not increased to the same extent. A good starting point in a shared economy is that shared expenses are paid according to each individual’s means, so that the person with a higher income bears a larger share of the shared expenses. In this way, both parties receive a balanced economy and can have the opportunity to generate their own savings.
If you shared equally in all expenses, there is some logic to the fact that you shared equally in the savings that accrued during your separation. In this way, your partner is compensated for the fact that she may have taken on too much of the joint expenses during your life together. However, this is just a rationale about what can be considered reasonable and fair and what you should voluntarily agree on. There is no legal support.
If you comply with the cohabitation law, you are entitled to 70 percent of the SEK 600,000 in the savings account. As you say, this can be proven through bank statements. If your ex-partner does not agree to the repayment of your share, I recommend that you contact a lawyer who can support you in enforcing your claims against your ex-partner.
Greetings
Angela
