What Happens to the Shared Apartment?

Separation or divorce brings many changes. One of the most common questions is: What happens to the shared apartment or family home?

Should the property be sold? Can one of the partners take it over? Who wants to continue living there? And what happens to the joint mortgage?

The answers differ from case to case. Important factors include the ownership structure, the matrimonial property regime, the financing and – for families – the situation of the children.

In this article, I explain the key points to consider in the event of separation or divorce and how a potential sale of the property can be handled during divorce proceedings.

Who Owns the Property?

The land register entry provides an important first indication. It records who owns the property and in which form the ownership is held.

For couples, co-ownership is common. If, for example, both partners are registered as co-owners with an equal share, each owns 50 % of the property.

However, the land register entry alone does not determine who ultimately has rights to the property or who may be awarded the property in the event of separation or divorce. The matrimonial property regime is equally important.

What Does the Matrimonial Property Regime Mean?

Unless spouses have entered into a prenuptial agreement, the participation in acquired property regime (Errungenschaftsbeteiligung) generally applies in Switzerland. (If the marriage took place abroad, different legal provisions may apply.)

This regime distinguishes between separate property (Eigengut) and acquired property (Errungenschaft). Separate property includes assets that were already owned before the marriage as well as inheritances and gifts received during the marriage. Assets acquired through the spouses’ work during the marriage generally form part of the acquired property and are therefore divided equally between the spouses.

This means that even if a property is registered solely in the name of one spouse, it must be examined how the property is classified under matrimonial property law and whether this gives rise to claims by the other spouse.

It is therefore particularly important to establish when and how the property was acquired and financed. A property that was already owned by one partner before the marriage is generally assessed differently from a property acquired during the marriage.

More about the legal aspects of divorce and home ownership →

What Happens to the Family Home?

Learn more about the legal situation regarding the family home →

When Does Selling Make Sense or Become Necessary?

It is not always practical or financially possible to retain the jointly owned property or family home after a separation. In the following situations, a sale may make sense or even become necessary.

The Financing Becomes a Burden

Separation means that two separate households need to be financed. What was financially manageable during the relationship can suddenly become a significant burden. If, for example, only one income remains available to finance the property, it must be assessed whether the financing still meets the bank’s requirements.

If one of the partners wishes to take over the property alone, the bank will assess whether that person can afford the mortgage independently. Income, assets and existing financial obligations all play a role in determining the affordability of the financing.

An existing joint mortgage also does not automatically end when a couple separates. Releasing one partner from their joint responsibility for the financing must be agreed with the bank. It is therefore advisable in most cases to contact the bank at an early stage.

A New Chapter in Life Begins

Separation often also marks a personal new beginning. A new place to live, a new job or a new relationship may be reasons why the existing property no longer fits the individual’s circumstances. In some cases, the separation may also coincide with the time when the children leave the family home.

And sometimes it is not just about practical considerations. A shared home carries memories. For some people, it can be helpful to bring this chapter of their life to a close in a physical sense and take a clear step into a new phase of life by selling the property.

What Is the Best Way to Handle a Property During Separation?

1. Clarify Your Wishes First

At the beginning, both sides should openly discuss what they would like to happen.

Does one partner wish to remain in the house or apartment? Would it be financially possible for one partner to take over the property? Or would both prefer to sell?

The earlier these questions are clarified, the easier it becomes to plan the next steps.

2. Establish a Clear Legal Situation

If you and your former partner agree on what should happen to the jointly owned property, it is important to have the arrangement formally documented. In the case of an amicable separation, consulting a lawyer together can often be the quickest and most effective solution.

If the two parties cannot reach an agreement, a court decision may be required to determine what happens to the property. It is not always necessary to wait until the divorce is final. A quicker arrangement may be possible through matrimonial protection proceedings. Among other things, these proceedings can address questions concerning the shared household or the use of the family home.

Particularly when a separation is emotionally or financially challenging, it can be advisable to seek legal advice from a lawyer at an early stage.

3. Have the Property Professionally Valued

If the property is to be sold or one partner wishes to buy out the other, a realistic assessment of the current market value is essential.

An independent hedonic property valuation provides an important basis for this decision. It gives a well-founded assessment of the property’s current market value and the potential sales proceeds that could be achieved through a sale.

A neutral valuation can help create an objective basis for further discussions – particularly when both partners have different views of the property’s value.

4. Develop the Right Sales Strategy

If both partners decide to sell, the property should be professionally prepared for the sale.

This is not just about finding a buyer. Equally important are the right pricing strategy, the positioning of the property, the selection of suitable marketing channels and a structured sales process.

Important: If several people are registered as owners in the land register, the relevant legal requirements for the sale must be observed. Both owners must agree to the marketing of the property and sign the purchase agreement.

The distribution of the sales proceeds can also be defined in the purchase agreement or as part of the transaction in accordance with any previously agreed or court-ordered arrangements. If desired, both former partners can receive their respective share directly from the sale proceeds.

Selling a Property After Separation – Neutral Guidance Can Help

Selling a property is already a decision with far-reaching consequences under normal circumstances. During a separation, there is an additional emotional dimension for the sellers.

While some former partners continue to have an amicable relationship, others may find it difficult to communicate with each other during the separation. Both are understandable reactions to a difficult life situation.

I have already accompanied several property sales involving divorced couples and couples going through separation. In these situations, it is particularly important to me to manage the sales process professionally, transparently and, wherever possible, independently of personal conflicts.

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What I Offer

Transparent Communication

Both owners are my clients. I therefore make sure that both parties are kept informed about the key steps and developments – by email or, if preferred, through a shared WhatsApp group chat.

If one of the owners contacts me by phone, I briefly document the key points of the conversation in writing and share them with both parties through the agreed communication channel.

This ensures that both parties always have the same information.

Joint or Separate Appointments

Not every former couple wants to attend viewings, discussions or appointments together.

Whether you prefer to attend appointments together or separately, we will find a solution that works for both sides.

The Right Sales Strategy

Every property is different. I will show you which pricing and sales strategies are possible and make sense for your property and your individual situation.What Happens to the Shared Property in a Divorce?

In doing so, I consider not only the expected market value but also your personal objectives and the timeframe you have in mind.

Personal Guidance Throughout the Entire Sales Process

From the initial consultation and valuation through to marketing, contract signing and the handover of the keys, I will personally accompany you throughout the process.

My goal is to make the sale of your property clear, transparent and professional – especially when your personal circumstances are already challenging enough.

A Sale Can Also Be a New Beginning

Separation marks the end of a shared chapter in life – but at the same time, the beginning of a new one.

If the shared property is to be sold, the process does not have to add further stress to an already difficult situation. With a clear strategy, transparent communication and neutral guidance, even an emotionally challenging situation can be handled professionally.

If you are considering selling your property following a separation or divorce, you can rely on my personal guidance and experience.