{"id":56590,"date":"2022-06-07T11:40:08","date_gmt":"2022-06-07T09:40:08","guid":{"rendered":"https:\/\/deinadieu.ch\/?post_type=ratgeber&p=56590"},"modified":"2024-06-26T09:19:56","modified_gmt":"2024-06-26T07:19:56","slug":"what-is-a-matrimonial-property-regime-joint-ownership-of-acquired-property-joint-property-and-separation-of-property","status":"publish","type":"ratgeber","link":"https:\/\/www.deinadieu.ch\/en\/advisor\/what-is-a-matrimonial-property-regime-joint-ownership-of-acquired-property-joint-property-and-separation-of-property\/","title":{"rendered":"What is a matrimonial property regime? Joint ownership of acquired property, joint property, and separation of property"},"content":{"rendered":"\n

Swiss matrimonial law speaks of \u201cordinary\u201d and \u201cextraordinary\u201d matrimonial property regimes… but just what is a matrimonial property regime? Which matrimonial property regimes are there, and how far can you adjust them with a marriage contract? This article will give you an overview and explain the three matrimonial property regimes: joint ownership of acquired property, joint property, and separation of property.<\/p>\n\n\n\n

What is a matrimonial property regime?<\/strong><\/h2>\n\n

Despite the considerable space dedicated to it in the Swiss Civil Code (Zivilgesetzbuch, ZGB), a \u201cmatrimonial property regime\u201d is never defined under Swiss matrimonial property law. So we\u2019ll briefly define the term here: a matrimonial property regime regulates which assets belong to which spouse during the marriage and how they\u2019ll be divided<\/strong> if the couple divorces or one spouse dies. The matrimonial property regime chosen also determines how a growth of those assets should be divided and how the spouses\u2019 mutual debts and investments should be cleared. In principle, Switzerland recognises three different matrimonial property regimes<\/strong>: joint ownership of acquired property, joint property, and separation of property.<\/p>\n\n

Joint ownership of acquired property<\/strong><\/h2>\n\n

In general, a married couple is subject to the provisions governing joint ownership of acquired property, unless they agree otherwise through a marriage contract<\/a> or an \u201cextraordinary\u201d matrimonial property regime takes effect. Therefore, the law refers to joint ownership of acquired property as the \u201cordinary\u201d matrimonial property regime. In other words, married couples who have not entered into a marriage contract are subject to joint ownership of acquired property<\/strong>. Joint ownership of acquired property includes the \u201cacquired property<\/strong>\u201d and each spouse\u2019s \u201cprivate property<\/strong>\u201d. These crucial terms can be imagined as a type of container into which the marriage\u2019s various assets can be placed. <\/p>\n\n

All the assets that a spouse acquires during the matrimonial property regime belong to the acquired property.<\/strong> Earned income<\/strong> might be the most relevant example of acquired property. On the other hand, private property includes assets that already belong to one spouse at the beginning of the matrimonial property regime or are allotted to them later<\/strong> through inheritance<\/a>, a gift<\/a>, or the like. nd objects for personal use by only one spouse, such as clothing or sports equipment, are also deemed personal property. If the matrimonial property regime is dissolved (through the death of a spouse, for example), the acquired property and each spouse\u2019s private property will be separated out according to the spouse\u2019s portfolio at the time of dissolution. <\/p>\n\n

Thus, a \u201cstate of affairs analysis\u201d is performed in which assets are added or compensation claims between acquired property and private property can be asserted. The goal of this sorting out<\/strong> is to determine the surplus of each spouse<\/strong>. This is made up of the total value of the acquired property, including the added assets and compensation claims, after deducting the debts adhering to it. Now each spouse or their heirs is entitled to half the \u201csurplus\u201d of the other spouse<\/strong>, claims being set off against each other. Naturally, the spouses can deviate from this basic regulation, shown here in a simplified form, by entering into a marriage contract.<\/p>\n\n

Joint property<\/strong><\/h2>\n\n

The joint property regime combines the assets and income of both spouses into a single community property.<\/strong> This excludes items that are considered private property by law. Keep in mind, however, that private property within a \u201cjoint property\u201d regime is configured differently than that belonging to the \u201cjoint ownership of acquired property\u201d regime. Thus, as we have already seen with \u201cjoint ownership of acquired property\u201d, the legislature is working with the two containers making up the matrimonial regime. Unlike joint ownership of acquired property, community property belongs to both spouses<\/strong>. <\/p>\n\n

However, the spouses can dispose of the community property only as part of the \u201cordinary administration\u201d, with everyday legal transactions of minimal significance. If one spouse acts in the area of \u201cextraordinary administration\u201d, they must do so together with the other spouse or with their consent. Moreover, each spouse is liable for most debts with their private property and the community property. If the joint property regime is dissolved by the death of a spouse, for example, each spouse (or their heirs) is entitled to half the community property<\/strong>. The spouses are not bound by these provisions; by entering into a marriage contract, they can make adjustments where the law allows.<\/p>\n\n

Separation of property<\/strong><\/h2>\n\n

Unlike the other two matrimonial property regimes, the law\u2019s discussion of \u201cseparation of property\u201d is quite brief. In general, the law provides that each spouse shall administer and enjoy the benefits of his or her own property<\/strong> and has power of disposal over it. Thus, each spouse controls only one container in which their assets can be placed. Moreover, each spouse is liable for debts with their entire assets.<\/strong> At the request of one of the spouses, separation of property can be ordered for important reasons, such as over-indebtedness. If bankruptcy proceedings are initiated against the assets of a spouse participating in the joint property regime, separation of property will occur by law. These cases constitute an \u201cextraordinary\u201d matrimonial property regime<\/strong>.<\/p>\n\n

Which matrimonial property regime should I choose?<\/strong><\/h2>\n\n

All married couples are automatically subject to the \u201cordinary\u201d matrimonial property regime of joint ownership of acquired property.<\/strong> If they enter into a marriage contract<\/strong>, they also have the opportunity to choose the matrimonial regime of joint property or separation of property<\/strong> and in so doing to consider specific needs. There is no generalised answer about which matrimonial property regime is correct for a married couple \u2013 it depends on their specific personal and financial circumstances. But it\u2019s important to know that matrimonial property law allows the couple a great deal of leeway. You should also keep in mind that you can alter an agreed matrimonial property regime at any time by entering into a different agreement.<\/strong><\/p>\n\n

Summary of the most important points<\/h2>\n\n