Matrimonial home

In Swiss family law, the matrimonial home is not treated like an ordinary asset because it secures the family’s living arrangements. During marriage, one spouse generally cannot unilaterally terminate the lease, sell, or otherwise dispose of rights in the family dwelling if this would affect the other spouse’s use. In separation or divorce, the court may allocate use of the home temporarily or, in some cases, regulate transfer of tenancy rights. Ownership, lease law, children’s interests and financial capacity all matter.