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7 6 5 4 3 2 1
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Family law 8

7.5 The matrimonial property law as well as any benefits (pensions) from the pension Analogous to the
fund. Social security.
Replacement of own property also counts as acquisition again.
Matrimonial property law determines what belongs to which spouse during the marriage,
how the assets can be managed, used and, if necessary, sold, and
it governs the division of assets after the death of one spouse. It thus provides the During the marriage, each spouse manages his or Each partner be-
her Assets independently.
basis for a subsequent dispute under inheritance law. holds the power of disposal over his or her own assets, i.e. he or she can invest them himself or herself.
The law provides the spouses with the opportunity to enter into property law agreements and also receives the Income (e.g. interest). The spouses bear the Risks their ver-
in
The law provides for a limited scope of individualization. For this purpose, the CC provides for management (e.g. price losses on shares) itself, and also with their own
two basic forms of Community of Separation of adher
contractual property set: The property and the property. From Assets for any Debts. e may be disposed of only with
The property of the other spouse
regimes
However, only around 10% of all married couples make use of this option. The other 90 % a Power of be decreed.
live in ordinary matrimonial the Achievement Participation. If aattorney
marriage is dissolved, whether by divorce or death, the
the property regime che confrontation matrimonial
Because the separation of property can be ordered by a court in the event of the instead. The assets of each spouse are to be divided between
dissolution of the joint household, or because it comes into force by law under certain their own property and their inheritance. Each spouse must prove that a certain asset
conditions, we also refer to the separation of property as an extraordinary matrimonial belongs to his or her own property. In case of doubt, the legal presumption applies in favor of
property regime. the inheritance. A positive balance of the inheritance (= credit balance) is described as
■ Profit participation as Proposal, a negative balance (= debt) as a Setback.

In the absence of an agreement to the contrary when the marriage is entered into, the The following rule applies to the actual division of assets:
matrimonial property regime of the community of acquired property automatically applies. ■ Each spouse is entitled to his or her own property.
This means that eachOwn Achievement.
partner has two separate assets.
like masses: The property and the ■ Half of the proposal is allocated to the other spouse, i.e. the proposal is "halved".
■ Any setback must be borne by the spouse concerned.
Assets wife Assets husband

Own property Own property ■ Example of a property division under the law of property

Wife Husband
Achievement Achievement
Assets Own Achievement Achievement Own
property property
Contributed assets Personal effects
15 000
■ Own property includes property components that were already present before the 5 000
marriage Donations Inheritances 200 000
50 000
© 2016 Verlag SKV AG: Brennpunkt Wirtschaft und Gesellschaft, in 120 lessons
Personal copy of Pascal Ruesch, 4805 Brittnau
45 000
16 000 150 000
4 000 10 000
 or in the form of personal or during the marriage to- Inheritances/gifts
came. Also included in the personal property are items that belong personal
to the use Salary account
serve, such as clothes, jewelry or things used for the exercise of a personal Savings account
hobbies are required (e.g. a triathlon racing bike). The replacement of Own is like- Income from own property
property
If, for example, the spouse replaces her triathlon racing bike, this is also considered to - less debt
be her own property.
■ The inheritance includes all other assets that are not expressly part of the marital totals (Total = 490000)
property. In particular, these are assets that the spouse acquired during
Income from own Division proposal woman
of the marriage through his or her earned property, such as Division proposal man
income.
Interest from bonds or dividends from shares, also fall into the achiev- Claim woman / man

© 2016 Verlag SKV AG: Brennpunkt Wirtschaft und Gesellschaft, in 120 lessons
Personal copy of Pascal Ruesch, 4805 Brittnau
 7 6 5 4 3 2 1
17 16 15 14 13 12 11 10 9 8
Family law 10

■ Community of property ■ Separation of property

The community of property is created by a Prenuptial For its completion, both In the separation of property there clear separation of assets between man and woman.
agreement. publicly certified, is a
spouses must be capable of judgment and of legal age. A i.e. In principle, marriage does not affect the assets of the spouses.
prenuptial agreement must
be drawn up in the presence of a notary. This ensures a certain level of legal advice and
also guarantees any necessary entry in the land register. ■ Assets in the separation of property
A characteristic feature of community of property is the joint ownership by the spouses of a
certain asset, the joint property. Assets wife Assets husband

■ Asset pools in community of property The separation of property, like the community of property, must
be
Total assets

Own property wife Own property Prenuptial agreed

husband This can be done at the time of marriage or at a later date (separation agreement
of property as a
contractual property regime).
A separation of property can be advantageous, for example, if a second marriage is
In contrast to the achievement participation, the Own in community of property entered into and the inheritance claims of the legal heirs from the first marriage are protected.
propertyall personal effects (as in the
is not conclusively defined by law. On the one hand, it includes the spouses. It also makes sense if one of the spouses runs a sole proprietorship. With a
case of the participation in an inheritance); further assets, which are also to be counted as separation of property, the partner's assets can be protected as far as possible from the
personal property, can be stipulated in the marriage contract. All other assets are access of the creditors.
parts fall into the so-called Overall Gut; individual achievements do not exist. As Extraordinary marital property the separation of property occurs in a private bankruptcy of the
There are different types of community of property. They differ in the determination of spouseregime
(who lives in community of property) or in the event of a court-ordered separation of
the scope and the division of the total property. marriage by operation of law. The court may also order the separation of property in various cases.
The Manageme of the total estate is generally due to both spouses. In this context at the request of one of the spouses (cf. Art. 185 of the Civil Code), e.g. if the other spouse is in
nt a distinction is made between ordinary and extraordinary administration; for the
In addition, spouse is overindebted.
latter, the consent of both spouses is required. During the matrimonial keeps, uses and manages each spouse his or her assets
De Spouses itselfproperty regime
Upon dissolution of the matrimonial property ath of a is calculated in and disposes of it alone. Each person is liable for his or her own debts with his or her entire
regime by the accordance with
statutory
The total property is divided in equal parts according to the provisions of the marriage contract. zen assets.
However, a prenuptial agreement may provide for a At Dissolution of the separation - be it through death, separation or divorce - is
"total property allocation" to the surviving spouse can be agreed upon. This gives of property
the surviving partner inherits the entire estate; the estate under inheritance law consists only portions of the descendants under inheritance law that are due must be taken into account.
of the deceased spouse's own property. In such arrangements, however, any compulsory
© 2016 Verlag SKV AG: Brennpunkt Wirtschaft und Gesellschaft, in 120 lessons
Personal copy of Pascal Ruesch, 4805 Brittnau
no actual property law dispute is necessary. The assets always remain separate; each spouse retains his or her own assets.
A resolution by Divorce or separation leads to a similar division of the
entire assets, as in the case of an acquisition share.

© 2016 Verlag SKV AG: Brennpunkt Wirtschaft und Gesellschaft, in 120 lessons
Personal copy of Pascal Ruesch, 4805 Brittnau