Glossary · Swiss and international law

Matrimonial property liquidation (CC arts. 196 ss)

Division between spouses of assets acquired during marriage according to the applicable regime — participation in acquisitions by default in Switzerland.

Reference : CC art. 196-220

The ordinary regime in Switzerland is participation in acquisitions (art. 196 CC). Each spouse remains owner of their own assets; acquisitions (assets acquired for value during the marriage, salaries, returns) are split equally upon dissolution.

By marriage contract, the spouses may opt for :

  • community of property (arts. 221 ss CC);
  • separation of property (arts. 247 ss CC).

In cross-border situations, arts. 52 ss PILA allow the spouses to choose the law applicable to their matrimonial property regime.

See also