The Swiss authorities online
The matrimonial property regime sets out what belongs to whom during the marriage and how assets and debts will be divided up in the event of divorce or death. In Switzerland, there are three different property regimes: Contribution to jointly acquired property, joint estate, separate estates
This regime applies to married couples who have not expressly arranged another type of regime.
A marital agreement (marriage contract) must be made if you want to have this type of marital regime. Marital agreements must be certified by a notary. It allows for three types of property:
The joint estate includes the spouses assets and income, with the exception of objects classed as belonging to separate estates in the law or marriage contract. The joint estate is jointly managed by the spouses and divided equally between them when the marital property regime is dissolved.
Depending on the nature of the debt, the husband or wife is only liable with half of the joint estate and their own separate estate, or with the whole of the joint estate and half of their own separate estate. The latter is the case in particular when debts have been incurred for every-day expenses.
There is no joint ownership of goods or liability for debts in separate estates. The husband and wife retain individual ownership of their own property and manage it themselves. Nothing is divided up between the ex-husband and wife if the marriage ends. Separate estates can be established by a marriage contract. Marital agreements must be certified by a notary.
Matrimonial property regimes are dissolved when:
When a matrimonial property regime is dissolved, property that was brought to the marriage or property acquired during the marriage (furniture, real estate, money, securities) is divided up between the two people. The couple must clarify and record who is to take over any debts.