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What happens to your home in the event of separation or divorce?

Key points at a glance

In the event of separation or divorce, the fate of your home is not automatically sealed. The possibilities range from selling up to paying one of the partners or continuing to live together. An estate agent could help by providing a valuation or with selling.

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Matrimonial regime in the event of separation and divorce.

In the event of separation, property is not automatically divided up at first unless both partners request this. Only in the case of divorce is property divided up. Without a marital agreement, the matrimonial regime applies to the participation in acquired property – this means that real estate that was jointly acquired in the course of the marriage falls under the category of acquired property and is divided up accordingly.

What options are there in terms of how property is dealt with in the event of separation or divorce?

Generally speaking, you will have to ask yourselves as a couple whether both of you want to keep the property in joint ownership, whether one of you wants to keep it alone or whether you no longer want to keep it. Provided your financial situation and ownership structure allow for it, all three options are possible.

Keeping the property in joint ownership

If both partners decide to keep the property under joint ownership in spite of separating or getting a divorce, it is important to have clear contractual regulations. Aspects such as use, maintenance, dividing up of costs and potential sale at a later date should be agreed in writing to avoid disputes.

Keeping the property in joint ownership

Transferring ownership to one of the spouses

If ownership of the property is transferred to one of the spouses in the course of the divorce, this is usually achieved by making a payment to the other spouse. This requires the agreement of both parties and a notarial transfer of land ownership. Tax and financial aspects must also be taken into account.

Transferring ownership to one of the spouses

Selling a property

When separating or getting a divorce, selling the property is a common solution, especially if no agreement can be reached on how to use it or who should take over ownership. The proceeds of the sale are divided up based on the ownership structure. An agent can provide professional support on the sale process.

Selling a property

Keeping the property in joint ownership

Transferring ownership to one of the spouses

Selling a property

Forced sale in extreme cases

If no agreement can be reached on the property’s future, its sale may be forced in extreme cases. Proceedings of this kind are normally initiated by the court at the request of one of the parties. The proceeds of the sale are divided up based on the ownership structure, but are often lower than in the case of a voluntary sale.

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With MoneyPark, you will find all the real estate services you need in a single provider. We will be by your side from the search to the sale.

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The current most attractive mortgage interest rates.

Saron mortgage from*

0.65%

Fixed-rate 10 years from

1.37%

Fixed-rate 5 years from

1.03%

* The value shown here for a SARON mortgage is made up of the current SARON (Swiss Average Rate Overnight) and the individual margin of the mortgage lender. Generally speaking, the interest rates shown are the best conditions currently available. Your personal interest rate may differ based on the loan-to-value ratio, affordability, mortgage volume and location of the property.