Swiss Civil Code (SCC)

Art. 238SCC from 2023

Art. 238 III. Compensation operations between joint and individual property

¹ Where debts encumbering one category of property were paid out of assets belonging to the other, respective compensation claims between the common property and the individual property of each spouse arise on the dissolution of the marital property regime.

² A debt encumbers the property in relation to which it was incurred, but in the case of doubt it encumbers the common property.