Switzerland has three property regimes: participation in acquired property, separation and community. Without a marital agreement choosing separation or community, participation applies automatically. This article briefly explains each.
Participation in acquired property
Under participation, both spouses have individual property: all pre-marital assets and gifts or inheritances received during marriage. Each also has acquired property: assets saved during marriage that originate neither from gifts nor inheritance.
On divorce, each retains individual property. Each spouse's acquired property is divided equally: you receive half your spouse's acquired property and they receive half yours.
During marriage:
Participation in acquired property during marriage
After divorce
Community of property
Under community of property, each spouse has individual property and the remainder is common property belonging jointly to both and generally disposable only together. Individual property includes personal-use items and compensation for personal harm. Unlike participation in acquired property, pre-marital assets belong to common rather than individual property.
Debts are borne jointly by both spouses under this regime
During marriage:
On divorce, each retains individual property and common property is divided equally.
Separation of property
Under separation of property, each spouse retains their assets, with only one pool of individual property each. If choosing this regime, prepare an inventory when signing the marital agreement and rules for future asset allocation.
Each spouse is liable only for their own debts under this regime
During marriage:
On divorce, each retains their assets and nothing is divided. After divorce:
If you have questions about property regimes or want to amend or clarify yours in a marital agreement, we are happy to help. We welcome your enquiry without obligation.