Go Back   English Forum Switzerland > Help & tips > Family matters/health
Reply
 
Thread Tools Display Modes
  #1  
Old 12.08.2015, 17:46
Junior Member
 
Join Date: Dec 2006
Location: Geneva
Posts: 52
Groaned at 4 Times in 2 Posts
Thanked 56 Times in 27 Posts
Batcow is considered knowledgeableBatcow is considered knowledgeableBatcow is considered knowledgeable
Advice required for evicted wife

We’re currently looking after a friend of my wife’s who has apparently been kicked out of her Swiss husband’s apartment while she was at work, the same has happened to their adult daughter. She is a legal resident in Switzerland with Permit C. Social services in Geneva and the Permanence juridique are apparently unable or unwilling to help her and Regie has apparently told her she can’t come back. Of course we’ve only heard one side of the story and I know none of the personal background, but even so I imagine she must have some basic rights of access to the conjugal home, it’s as if he wants a separation with no responsibility at all. What’s her best course of action, and where can she go for proper legal advice and for somewhere to live? Any advice that I can pass on would be welcome.
Reply With Quote
  #2  
Old 12.08.2015, 17:50
prof. taratonga's Avatar
Forum Veteran
 
Join Date: Dec 2009
Location: Zürich & Bignasco
Posts: 2,308
Groaned at 28 Times in 26 Posts
Thanked 4,536 Times in 1,437 Posts
prof. taratonga has a reputation beyond reputeprof. taratonga has a reputation beyond reputeprof. taratonga has a reputation beyond reputeprof. taratonga has a reputation beyond reputeprof. taratonga has a reputation beyond reputeprof. taratonga has a reputation beyond repute
Re: Advice required for evicted wife

Have a look at this thread:

Legal advice and help to parents and children in emergency situations
Reply With Quote
The following 2 users would like to thank prof. taratonga for this useful post:
  #3  
Old 12.08.2015, 18:16
amogles's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Zurich
Posts: 8,411
Groaned at 141 Times in 122 Posts
Thanked 14,611 Times in 6,217 Posts
amogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond repute
Re: Advice required for evicted wife

Was she kicked out just unexpectedly, or has something been brewing and did she ignore the warnings?

The legal loopholes you need to jump through to evict somebody are actually quite high. So if this just happened to her without her being aware that anything was in preparation, she can probably appeal on procedural error. There are organisations such as women's shelters who can offer her temporary accomodation and also legal advice and that should be the first place to go.

If she has been served notices but was in contempt of these, the situation is more tricky. Just because you don't underdstand what a letter says is sadly no reason to ignore it.
Reply With Quote
The following 2 users would like to thank amogles for this useful post:
  #4  
Old 12.08.2015, 18:20
Nil's Avatar
Nil Nil is offline
Forum Legend
 
Join Date: Sep 2007
Location: Basel
Posts: 10,382
Groaned at 442 Times in 346 Posts
Thanked 15,954 Times in 6,287 Posts
Nil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond reputeNil has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
Was she kicked out just unexpectedly, or has something been brewing and did she ignore the warnings?

The legal loopholes you need to jump through to evict somebody are actually quite high. So if this just happened to her without her being aware that anything was in preparation, she can probably appeal on procedural error. There are organisations such as women's shelters who can offer her temporary accomodation and also legal advice and that should be the first place to go.

If she has been served notices but was in contempt of these, the situation is more tricky. Just because you don't underdstand what a letter says is sadly no reason to ignore it.
Hey husband kicked her out of their home. I don't think he sent her a registered letter in advance.
Reply With Quote
The following 2 users would like to thank Nil for this useful post:
  #5  
Old 12.08.2015, 18:23
amogles's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Zurich
Posts: 8,411
Groaned at 141 Times in 122 Posts
Thanked 14,611 Times in 6,217 Posts
amogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
Hey husband kicked her out of their home. I don't think he sent her a registered letter in advance.
If she says she was evicted and the regie says she can't come back, I would think her husband is not the only problem here, oder?

Hint: an eviction is a legal process requiring months of red tape and letters. A husband cannot "evict" his wife just like that.
Reply With Quote
The following 4 users would like to thank amogles for this useful post:
  #6  
Old 12.08.2015, 18:26
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 13,777
Groaned at 209 Times in 181 Posts
Thanked 11,092 Times in 6,291 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
If she says she was evicted and the regie says she can't come back, I would think her husband is not the only problem here, oder?

Hint: an eviction is a legal process. A husband cannot "evict" his wife.
Depends if the wife is on the lease I would have thought......
Reply With Quote
This user would like to thank fatmanfilms for this useful post:
  #7  
Old 12.08.2015, 18:29
amogles's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Zurich
Posts: 8,411
Groaned at 141 Times in 122 Posts
Thanked 14,611 Times in 6,217 Posts
amogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
Depends if the wife is on the lease I would have thought......
Could be. Although normally you would sign a rental contract jointly.
Reply With Quote
  #8  
Old 12.08.2015, 19:12
Phil_MCR's Avatar
Forum Legend
 
Join Date: Oct 2009
Location: Basel
Posts: 11,485
Groaned at 246 Times in 157 Posts
Thanked 13,338 Times in 5,682 Posts
Phil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond reputePhil_MCR has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
Could be. Although normally you would sign a rental contract jointly.
Well flat could have been owned solely by the husband. Or the husband could have been the sole leaseholder.

One of my tenants has a GF living with him, but he is the only person on the lease contract.
Reply With Quote
The following 2 users would like to thank Phil_MCR for this useful post:
  #9  
Old 12.08.2015, 19:58
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 18,146
Groaned at 926 Times in 722 Posts
Thanked 19,737 Times in 9,483 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
Well flat could have been owned solely by the husband. Or the husband could have been the sole leaseholder.

One of my tenants has a GF living with him, but he is the only person on the lease contract.
That was our case, both before and after marriage, until we jointly bought it last year.

Tom
Reply With Quote
This user would like to thank st2lemans for this useful post:
  #10  
Old 12.08.2015, 20:02
amogles's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Zurich
Posts: 8,411
Groaned at 141 Times in 122 Posts
Thanked 14,611 Times in 6,217 Posts
amogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond reputeamogles has a reputation beyond repute
Re: Advice required for evicted wife

Quote:
View Post
That was our case, both before and after marriage, until we jointly bought it last year.

Tom
If you live in a place, even without a written contract and you have done so for some time, I believe that constitutes there being a de-facto or oral contract and that contract too has legal standing and you need to go through the correct eviction process to terminate it. So even if you're not married or just have a friend camping on the sofa for three months, they have some legal protection. Exceptions can be made by judges for example if there is a case of domestic violence.
Reply With Quote
The following 3 users would like to thank amogles for this useful post:
  #11  
Old 12.08.2015, 21:36
Forum Legend
 
Join Date: Sep 2006
Location: Albisrieden
Posts: 3,832
Groaned at 93 Times in 62 Posts
Thanked 5,376 Times in 2,002 Posts
nickatbasel has a reputation beyond reputenickatbasel has a reputation beyond reputenickatbasel has a reputation beyond reputenickatbasel has a reputation beyond reputenickatbasel has a reputation beyond reputenickatbasel has a reputation beyond repute
Re: Advice required for evicted wife

Without more information, OP, I doubt any of the armchair lawyers here can advise, other than telling your friend to seek professional legal advice.
Reply With Quote
The following 2 users would like to thank nickatbasel for this useful post:
  #12  
Old 12.08.2015, 23:02
Forum Legend
 
Join Date: Oct 2014
Location: Ostschweiz
Posts: 3,056
Groaned at 99 Times in 79 Posts
Thanked 3,799 Times in 1,962 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: Advice required for evicted wife

Of course she has the right to access their apartment, but that right can be voided by court, as well as (e.g. in case of emergencies) by the police. Just causes are endangering the other half's health, economic wellbeing, or the family's wellbeing.

Quote:
Social services in Geneva and the Permanence juridique are apparently unable or unwilling to help her and Regie has apparently told her she can’t come back.
That doesn't happen nilly-willy. Sounds like there's a court verdict already, probably meaning she was evicted (by the courts) rather than kicked out (by OH).
Reply With Quote
The following 4 users would like to thank Urs Max for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Wife away for the week need advice! mamasita Other/general 20 03.10.2011 13:46
Advice required: where do i take a TV for repair ? Greystoke TV/internet/telephone 8 12.10.2009 19:52
-Required document for L permit for non EU wife Indianguy Permits/visas/government 4 25.05.2009 13:49
Advice required for Mountain Bike Route TheHiddenPerilsOfDancing Sports / Fitness / Beauty / Wellness 1 16.05.2009 22:47


All times are GMT +2. The time now is 23:24.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0