Registration of title – foreign citizens or Swedish citizens who have emigrated

Special procedures for foreign citizens

What is different is that we at Lantmäteriet do not have access to personal data for foreign citizens and therefore must ask you who are a foreign citizen to always enclose a certificate that you are legally competent. This can for example be a copy of your passport or an official proof of identity or birth certificate from an authority in the country in which you live.

Nor do we have information on whether foreign citizens are married or divorced. This also applies for Swedish citizens who have emigrated.

I am a foreign citizen and have bought or received a property or site leasehold as a gift

The application must include

• The application for registration of title or application for registration of site leasehold.
• Original copy of the purchase document or deed of gift.
• A certificate that you as the buyer/gift recipient are legally competent. This can for example be a copy of your passport or an official proof of identity or birth certificate from an authority in the country in which you live.

Requirements on the purchase document or deed of gift

• The property’s official property designation must be included (for example Gävle Torp 1:1).
• It must be clearly indicated that the seller/donor is transferring the property and whether it is the entire property or just a share of it that is being transferred (for example ½ if it is half).
• The purchase price must be included if it is a purchase.
• The purchase document or deed of gift must be signed by both the seller and buyer, or donor and recipient.
• The seller’s/donor’s signature must be witnessed by two people.

I am a foreign citizen/Swedish citizen who emigrated and will sell or give away my property

When the person who bought or received your property applies for registration of title, the application must also include:

• A certificate that you as the party transferring the property is legally competent if you are a foreign citizen. This can for example be a copy of your passport or an official proof of identity or birth certificate from an authority in the country in which you live.
• A document corresponding to a Swedish civic registration certificate from the home country that shows your marital status, meaning if you are unmarried, married or divorced. If it is difficult to obtain such a document, a close relative can also certify your marital status at the time of the transfer. Keep in mind that the certificate must also cover the entire period that you owned the property.
• Consent from your spouse if you are married or were married during the time that you owned the property. If you are divorced, a document must be included that shows that consent is not needed and that the property is your private property (for example a marital property division document, deed of gift, will or other document). Otherwise, a consent from your ex-spouse is required.

I have inherited a property that was owned by a foreign citizen/Swedish citizen who had emigrated

When a foreign citizen (outside the Nordic region) dies, it was previously required to establish a Swedish estate inventory that shows current assets in Sweden. Now, no Swedish estate inventory is necessary if the foreign citizen died after 16 August 2015. Then, a European inheritance certificate (certificate of succession) can be applied for instead.

The purpose of the EU’s new Succession Regulation and the issuing of certificates of succession is to make it easier for citizens within the EU in connection with inheritance. The certificate of succession is valid in all EU countries, except the UK, Ireland and Denmark. In Sweden, it is the Swedish Tax Agency that issues certificates of succession for you if you need to show in another EU country that you represent an estate or are a beneficiary. This also applies if you are a beneficiary of a will and might only have inherited a special asset, such as a property.

A certificate of succession can replace an acquisition document in connection with inheritance and the application for registration of title.

Another piece of news according to the Succession Regulation is that it is now as a main rule the deceased’s country of residence, not citizenship, that determines what country’s laws are to be used in connection with the inheritance. If for example a German citizen who is a resident of Sweden dies, it was previously the case that German law would apply to the distribution of inheritance. Today, since it is the law of the country of residence that applies, it is now Swedish law that applies to the distribution of inheritance.

Keep in mind that if the person dies before 16 August 2015, the previous law applied. If the person had assets in Sweden, you must turn to the Stockholm City Court that appoints an estate administrator who prepares a Swedish estate inventory.