Swiss Civil Code (SCC)

Art. 219SCC from 2021

Art. 219 E. Dissolution of the property regime and liquidation / VI. Payment of the participation claim and the share of the increased value / 2. Home and household effects

2. Home and household effects

¹ To ensure that the surviving spouse may maintain his or her accustomed lifestyle, at his or her request he or she will be granted a usufruct of or a right of residence in the home in which the spouses lived and which belonged to the deceased spouse, and this will be set off against his or her entitlement, subject to any contrary provision in the marital agreement.

² On the same conditions, he or she may request that ownership of the household effects be transferred to him or her.

³ Where justified in the circumstances, at the request of the surviving spouse or the other legal heirs of the deceased spouse, ownership of the home may be granted rather than a usufruct or right of residence.

⁴ The surviving spouse may not claim such rights in respect of premises in which the deceased practised a profession or ran a business and which are required by one of his or her issue in order to continue said profession or business, subject to the provisions of agricultural inheritance law.