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Old 05.01.2015, 17:58
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Sharing apartment am I Married?

I have been trying to search the forum but I actually don’t know what to look for.

If I have a girl friend and we live long time together is she my dependent?
If we share an apartment are we considered "Married"?

I heard that in some places you dont have to be married to be considered partners.

What are the rules here and where would I be able to find them?

I don't know where to search and even how lol any help would be nice

Thanks
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Old 05.01.2015, 18:11
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Re: Sharing apartment am I Married?

Do you have a marriage certificate?

Then no. Simple.
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Old 05.01.2015, 18:19
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Re: Sharing apartment am I Married?

Is she independant, ie has a job and supports herself? Does she have a permit in her own right?
If so then you are both considered single.

If she is already here and has a permit then the next bit is irrelevant.


If she's not here already then it may be more difficult depending on her nationality.
If she doesn't support herself and relies on you then you would have to try to get a concubine permit and you would have to have the means and agree to support her for five years. Not all cantons will give these ( very difficult to get for non EU).

You are not married in the eyes of the Swiss authorities.
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Old 05.01.2015, 18:20
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Re: Sharing apartment am I Married?

She is Swiss and I have my own permit.
Do I have any legal or financial responsibility at all?
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Old 05.01.2015, 18:31
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Re: Sharing apartment am I Married?

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She is Swiss and I have my own permit.
Do I have any legal or financial responsibility at all?
Assuming both your names are on the lease, you're financially responsible for the rent, etc. even if she disappears. But as far as legal or financial responsibility to take care of her...none.
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Old 05.01.2015, 18:33
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Re: Sharing apartment am I Married?

I think it's just possible you'll both be treated as 'married' for tax purposes if you've lived together for several years, are in a relationship and have joint accounts.... although this might vary from canton to canton.
Is that's what you mean then check with your local tax office.

Otherwise, no, you'll only be married if you've gone through some kind of ceremony (at the very least a civil one); marriage isn't something that simply creeps up on you without you noticing!*

*some men might disagree with that statement though!

Last edited by Anjela; 05.01.2015 at 18:34. Reason: Missing word
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Old 05.01.2015, 20:50
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Re: Sharing apartment am I Married?

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I think it's just possible you'll both be treated as 'married' for tax purposes if you've lived together for several years, are in a relationship and have joint accounts.... although this might vary from canton to canton.
Is that's what you mean then check with your local tax office.

Otherwise, no, you'll only be married if you've gone through some kind of ceremony (at the very least a civil one); marriage isn't something that simply creeps up on you without you noticing!*

*some men might disagree with that statement though!
No, it's not and they won't. There is no common law here, they would be just two single people that live in the same place.

Unless you have some specific reference to cite? Because all the information I've ever found implies that it's a federal issue, so all cantons would be the same.
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Old 05.01.2015, 21:14
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Re: Sharing apartment am I Married?

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No, it's not and they won't. There is no common law here, they would be just two single people that live in the same place.

Unless you have some specific reference to cite? Because all the information I've ever found implies that it's a federal issue, so all cantons would be the same.
There are two cantons in Switzerland where opposite sex partnerships are considered the same as being married and they are Neuchâtel and Geneva.
In these cantons it is possible that the OP would be taxed as if they were married but in all the other cantons they will be taxed as single people living at the same address.
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Old 05.01.2015, 21:19
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Re: Sharing apartment am I Married?

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.. although this might vary from canton to canton.
answers about 95% of questions on this forum
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Old 06.01.2015, 13:13
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Re: Sharing apartment am I Married?

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There are two cantons in Switzerland where opposite sex partnerships are considered the same as being married and they are Neuchâtel and Geneva.
In these cantons it is possible that the OP would be taxed as if they were married but in all the other cantons they will be taxed as single people living at the same address.

That doesn't change anything though. Also, I don't see anything about it being restricted to just Neuchâtel and Geneva.

But, that's not really anything different in this context anyway. You still have to actively register the union, be it hetero or homo, civil marriage or civil union. You won't be taxed together unless you actively register yourselves, unlike common law of some other countries, where by virtue of simply living together for long enough, certain pseudo-union/marriage rules are enacted around support, taxation etc.
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Old 06.01.2015, 13:36
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Re: Sharing apartment am I Married?

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That doesn't change anything though. Also, I don't see anything about it being restricted to just Neuchâtel and Geneva.

But, that's not really anything different in this context anyway. You still have to actively register the union, be it hetero or homo, civil marriage or civil union. You won't be taxed together unless you actively register yourselves, unlike common law of some other countries, where by virtue of simply living together for long, enough certain pseudo-union/marriage rules are enacted around support, taxation etc.
But your link is for same sex partnerships which is a totally different situation ( unless the OP is a woman). Same sex partnerships are recognised throughout Switzerland.

The only two Swiss cantons which recognise partnerships between two people of different sexes are a Neuchatel and Geneva. It's better for the partnerships to be registered but in Neuchatel at least ( can't say for Geneva) proof of living together as a couple for a prolonged period ( including joint bank accounts) is deemed sufficient ( for EU nationals I don't know about non EU).

The OP will not be considered to be married in any way shape or form ( assuming he's a man) unless he's actually got married or registered a same sex partnership ( if it's a woman).
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Old 06.01.2015, 13:45
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Re: Sharing apartment am I Married?

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But your link is for same sex partnerships which is a totally different situation ( unless the OP is a woman). Same sex partnerships are recognised throughout Switzerland.

The only two Swiss cantons which recognise partnerships between two people of different sexes are a Neuchatel and Geneva. It's better for the partnerships to be registered but in Neuchatel at least ( can't say for Geneva) proof of living together as a couple for a prolonged period ( including joint bank accounts) is deemed sufficient ( for EU nationals I don't know about non EU).

The OP will not be considered to be married in any way shape or form ( assuming he's a man) unless he's actually got married or registered a same sex partnership ( if it's a woman).
Yes, I mis-read that.

Do you have a link to support that? All of the information I'm finding is federal and contradicting what you're saying. I really do hope you're wrong though, as the taxation under marriage is quite unfavourable unless children are involved. I would be very much against being passively forced into that.
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Old 06.01.2015, 13:56
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Re: Sharing apartment am I Married?

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Yes, I mis-read that.

Do you have a link to support that? All of the information I'm finding is federal and contradicting what you're saying. I really do hope you're wrong though, as the taxation under marriage is quite unfavourable unless children are involved. I would be very much against being passively forced into that.
I did find a link to it a couple if months ago when I was looking it up.
I'm not at home now but I'll look it up when I get home.

Nobody is forced into it though. You do have to actually request to be treated as/taxed as married and prove it to them especially if the relationship is not registered and is just a common law one. It really is only advantageous if there are children involved and that's why our friends did it. ( and how I know it's possible here).
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Old 06.01.2015, 17:08
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Re: Sharing apartment am I Married?

Here is a link:
http://www.ne.ch/autorites/CHAN/CHAN/Pages/pacs.aspx

It extends the (cantonal) effects of being married to registered partnerships (hetero or homo). However, this does not include taxes ("Il n'aura cependant aucun effet sur les contributions directes.")
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Old 06.01.2015, 21:17
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Re: Sharing apartment am I Married?

According to the below excerpt and link, if you are co-habiting for five years or longer, marital laws could apply to your relationship and you would need to prove otherwise. Also, if the relationship lasts less than five years and children are a product of it, you could also be considered co-habiting with marital laws applying:

"Bei einem Konkubinat, das im Zeitpunkt der Einleitung des konkreten Gerichtsverfahrens (Eheschutz, Ehescheidung, Verfahren auf Abänderung des Eheschutz- oder Scheidungsurteils) bereits fünf Jahre gedauert hat, ist im Sinne einer Tatsachenvermutung grundsätzlich davon auszugehen, es handle sich um eine Schicksalsgemeinschaft ähnlich einer Ehe. In diesem Fall hat diejenige Person, welche einen Unterhaltsanspruch geltend macht, konkret nachzuweisen, dass kein qualifiziertes Konkubinat vorliegt (Beweislastumkehr).
Ausschlaggebend sind die Umstände im konkreten Einzelfall. Auch eine kürzere Dauer eines Konkubinats als 5 Jahre kann ein qualifiziertes Konkubinat darstellen, insbesondere i.d.R. dann, wenn die Konkubinatspartner gemeinsame Kinder haben."

http://www.law-news.ch/2013/05/ab-wa...ein-konkubinat
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Old 06.01.2015, 21:20
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Re: Sharing apartment am I Married?

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According to the below excerpt and link, if you are co-habiting for five years or longer, marital laws could apply to your relationship and you would need to prove otherwise.
Yes, I know someone that this happened to in TI, and he had to give her half of his assets.

Tom
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Old 06.01.2015, 21:26
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Re: Sharing apartment am I Married?

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According to the below excerpt and link, if you are co-habiting for five years or longer, marital laws could apply to your relationship and you would need to prove otherwise. Also, if the relationship lasts less than five years and children are a product of it, you could also be considered co-habiting with marital laws applying:

"Bei einem Konkubinat, das im Zeitpunkt der Einleitung des konkreten Gerichtsverfahrens (Eheschutz, Ehescheidung, Verfahren auf Abänderung des Eheschutz- oder Scheidungsurteils) bereits fünf Jahre gedauert hat, ist im Sinne einer Tatsachenvermutung grundsätzlich davon auszugehen, es handle sich um eine Schicksalsgemeinschaft ähnlich einer Ehe. In diesem Fall hat diejenige Person, welche einen Unterhaltsanspruch geltend macht, konkret nachzuweisen, dass kein qualifiziertes Konkubinat vorliegt (Beweislastumkehr).
Ausschlaggebend sind die Umstände im konkreten Einzelfall. Auch eine kürzere Dauer eines Konkubinats als 5 Jahre kann ein qualifiziertes Konkubinat darstellen, insbesondere i.d.R. dann, wenn die Konkubinatspartner gemeinsame Kinder haben."

http://www.law-news.ch/2013/05/ab-wa...ein-konkubinat
This was the case with both my sons here in Geneva; sharing apartments for several years with their girlfriends and started being taxed as though married. Once the tax situation changed for them #1 was persuaded to marry by his accountant GF, and #2 was proposed to by his better half earlier this year.
I wasn't sure if that varied slightly canton to canton though which is why I'd suggested the OP asked his local tax office.
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Old 06.01.2015, 21:27
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Re: Sharing apartment am I Married?

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Yes, I know someone that this happened to in TI, and he had to give her half of his assets.

Tom
Another good reason to hold assets in a numbered account.
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Old 06.01.2015, 21:29
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Re: Sharing apartment am I Married?

Is your question related to taxation- or asset division in the case of separation?
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Old 06.01.2015, 22:00
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Re: Sharing apartment am I Married?

Assuming I understood this article correctly
If you are a man living with a woman and have children together, should the woman die then you have no rights to the children; also no obligations.
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