Can I make my spouse leave the house?

In Switzerland, spouses are not required to have a marital home in which they live together. However, they often do. A marital home is where both live together with at least some regularity. Its existence gives rise to special rights and duties

For example, a spouse who neither owns the home nor is a party to its lease has a right to live there. They therefore cannot simply be thrown out. In a dispute over use, the spouses must apply to the court at their residence for protective measures within marriage. It will decide who may stay until divorce and how household contents are dealt with meanwhile.

 

In short: No. Even if the other spouse has no ownership rights or is not a party to the lease, they cannot be thrown out of the shared home.

#FamilyLaw#Housing#SwissLaw
Written by Sheila Pfenninger
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