Cohabitation in Switzerland: Rights and Risks

Cohabitation: A Union Without Legal Framework

Unlike marriage and registered partnership, cohabitation (living together without marriage) does not benefit from any specific legal framework in Swiss law. Cohabitants are legally treated as two single persons.

Absence of Legal Protection

Swiss law provides no automatic protection for cohabitants:

1. No matrimonial property regime: each partner remains the owner of their assets
2. No inheritance rights: the surviving partner is not a legal heir (art. 457 et seq. CC)
3. No maintenance obligation: in case of separation, neither partner owes support to the other
4. No pension sharing: the 2nd pillar (OPA) and 3rd pillar are not shared upon separation

Risks in Case of Separation

Upon separation, each cohabitant takes back their own property. Problems arise when:

1. The partners have jointly purchased real estate
2. One partner gave up work to raise children
3. Investments were made in the other partner's property

Without an agreement, disputes are settled under the law of obligations (simple partnership, art. 530 et seq. CO, or unjust enrichment, art. 62 et seq. CO).

Risks in Case of Death

The surviving cohabitant does not automatically inherit. To protect the surviving partner:

1. Will (art. 498 et seq. CC): the partner may be named as heir within the disposable portion
2. Inheritance contract (art. 512 et seq. CC): agreement between the partners on the succession
3. Life insurance: name the partner as beneficiary

Note: inheritance taxes between cohabitants are considerably higher than for spouses (depending on the canton).

Cohabitation Agreement

It is strongly recommended to conclude a cohabitation agreement covering:

1. Division of household expenses
2. Fate of the shared home in case of separation
3. Ownership of jointly acquired property
4. Compensation for unequal contributions
5. Insurance and pension provision

This agreement is not subject to any particular form but the written form is strongly recommended.

Children of Cohabitants

Joint parental authority is possible for unmarried parents (art. 298a CC). Paternity must be established by recognition (art. 260 CC). Children's rights (maintenance, contact) are the same as for children of married parents.