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Old 07.09.2011, 13:26
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swiss husband's family insisting on an ehevertrag!

as stated we've been married over a year and now my swiss husband's family are insisting on us having this marriage contract drawn up as he is to inherit the house, and it is my understanding that his family don't want the house to fall to me in case of my husband's death (instead to our daughter, now only 16 month old!?). what rights do i have on this matter and what should i insist gets drawn into this agreement/contract to cover me in the worst case i.e. i'm left alone with our child/children, can I stay in the house?
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Old 07.09.2011, 13:46
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Re: swiss husband's family insisting on an ehevertrag!

I'm not even sure this can be drafted after-the-fact.
There are some books (like http://www.beobachter.ch/buchshop/re...lt-in-der-ehe/ ) but generally, the advice is usually:
Get a lawyer.
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Old 07.09.2011, 14:08
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Re: swiss husband's family insisting on an ehevertrag!

Sounds like you have some fantastic in-laws.

Surely it's up to them how they want their own will drawn up?
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Old 07.09.2011, 14:08
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Re: swiss husband's family insisting on an ehevertrag!

A pre-nuptial agreement is usually signed before the marriage...


As said above, get an attorney.
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Old 07.09.2011, 14:23
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Re: swiss husband's family insisting on an ehevertrag!

When my wife and I consulted a notary about our will, he asked us whether there were any significant assets either of us had brought to the marriage, as this could have a bearing on inheritance. I.e. what was mine could have remained mine.

In this case, it sounds like the house came with the husband. So, relatives notwithstanding, there may be legal consequences which should be explored. Definitely consult a lawyer, with your husband, and determine how you two wish to arrange your affairs.

How does your husband feel about your relatives insistance? I'd've told mine to get stuffed.
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Old 07.09.2011, 14:29
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Re: swiss husband's family insisting on an ehevertrag!

When we got married many many moons ago my parents also insisted on us having a pre-nup. To keep them quiet we did, and had it nullified the next day with a second pre-nup. The first was officially published in whatever "Gemeindeblatt" was around at the time, the second is under lock and key but is nonetheless still very valid. Just a suggestion....
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Old 07.09.2011, 14:35
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Re: swiss husband's family insisting on an ehevertrag!

I'm sorry but your husband's family must be a bunch of idiots! And if he allows them to pressure him, then he's an idiot too!

It should be something strictly between the two of you and what do they expect you to do if he died? Leave the baby in the house and stop by for maternal visits??!?!!

I get so pissed off at families trying to control their ADULT children. They seriously need a life of their own!!
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Old 07.09.2011, 14:43
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Re: swiss husband's family insisting on an ehevertrag!

I would be boilling.

It is certainly not their business and you should make it clear. What is it with this pre-nup thing. If you love someone enough to marry and you want to spend the rest of your life with, why would you want to protect your assets against that person?

I am obviously too stupid to understand the concept behind it. And thank Goodness my husband too. What is mine is his and what is his is mine.
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Old 07.09.2011, 14:50
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Re: swiss husband's family insisting on an ehevertrag!

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I would be boilling.

It is certainly not their business and you should make it clear. What is it with this pre-nup thing. If you love someone enough to marry and you want to spend the rest of your life with, why would you want to protect your assets against that person?

I am obviously too stupid to understand the concept behind it. And thank Goodness my husband too. What is mine is his and what is his is mine.
Oops .. I had to read your last sentence twice! I originally read "What is mine is mine and what is his is mine".

................

I can understand the sentiment behind this type of event. Seen it with some friends here .....
The parents made their will, a new one (predicting future problems and not wanting their property to end up in another families assets) ....... If all the family are together with the Notar and sign acceptance to the conditions - it is all legal and binding.
The house could be given to their son, and passed on to the child when it reaches a certain age ....... with the condition that the mother has a lifetime usage of it.
In this way, should she be widowed, the house would not pass to any possible future husband of hers, but remain in the "family".
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Old 07.09.2011, 14:50
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Re: swiss husband's family insisting on an ehevertrag!

Does your husband want to keep the house post their deaths?
Will you want to live in their house?
Have the parents put a clause in the will to prevent the sale of the house?
If the answer is no to these questions then you should start the discussion on what you will do with the money....but I would not tell the miserable old gits.
Just out of interest. If they die then say your husband dies (sorry), can a child legally own a house?
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Old 07.09.2011, 14:53
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Re: swiss husband's family insisting on an ehevertrag!

Which kind of marriage do you have? Do you have the sharing of goods (no idea what's the official name) or did you make a pre-nup stating what you earn is yours, what he earns is his? Check the documents and consult a lawyer.

It's just a guess, but I'd say his family is more concerned in terms of divorce. If you have a shared wedding atm and he inherits the house, if you guys divorce you'd have the right to half of the value of the said house. "In case your husband dies" sounds too fishy, to be honest. Considering the horror stories about divorce I have heard in Switzerland, this idea doesn't surprise me (though I still belive it's an extreme dick move)...
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Old 07.09.2011, 14:53
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Re: swiss husband's family insisting on an ehevertrag!

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What is mine is his and what is his is mine.
Or, as my wife says: "What's your's is mine, what's mine's my own"
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Old 07.09.2011, 14:59
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Re: swiss husband's family insisting on an ehevertrag!

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I would be boilling.

It is certainly not their business and you should make it clear. What is it with this pre-nup thing. If you love someone enough to marry and you want to spend the rest of your life with, why would you want to protect your assets against that person?

I am obviously too stupid to understand the concept behind it. And thank Goodness my husband too. What is mine is his and what is his is mine.
I agree. The marriage of 2 people is also the bringing together of 2 families...and I don't mean to start a fight.
Must have been an interesting celebration post the wedding. Predator v's Alien.
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Old 07.09.2011, 15:00
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Re: swiss husband's family insisting on an ehevertrag!

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Or, as my wife says: "What's your's is mine, what's mine's my own"
I couldn't say it out loud...
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Old 07.09.2011, 15:04
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Re: swiss husband's family insisting on an ehevertrag!

This should all be in the PARENTS will - and nothing to do with the marriage.

For example - the parents will should say:

On death the estate is split equally between their children (say 2 of them).

In case one of those children is already deceased that half is split between that childs remaining children (the grandchildren). That would then normally be held in trust until the age of 18.

In the case of a family home - possibly if it is a hereditary home (IE the family has always owned it) - the trust would be required to let the surviving spouse remain in the property until death.

HOWEVER if the child doesn't have any children of their own - the surviving spouse does not inheirit.

What the parents want to do on their deaths has NOTHING to do with whether you should have a contract in your marriage.
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Old 07.09.2011, 15:05
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Re: swiss husband's family insisting on an ehevertrag!

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I couldn't say it out loud...
Haaaaaa haaaaaaaa .....
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Old 07.09.2011, 15:11
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Re: swiss husband's family insisting on an ehevertrag!

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This should all be in the PARENTS will - and nothing to do with the marriage.

For example - the parents will should say:

On death the estate is split equally between their children (say 2 of them).

In case one of those children is already deceased that half is split between that childs remaining children (the grandchildren). That would then normally be held in trust until the age of 18.

In the case of a family home - possibly if it is a hereditary home (IE the family has always owned it) - the trust would be required to let the surviving spouse remain in the property until death.

HOWEVER if the child doesn't have any children of their own - the surviving spouse does not inheirit.

What the parents want to do on their deaths has NOTHING to do with whether you should have a contract in your marriage.
How does a 15 month old baby pay for the annual general upkeep of the house?
How does a baby declare their wealth for the tax return?
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Old 07.09.2011, 15:15
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Re: swiss husband's family insisting on an ehevertrag!

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How does a 15 month old baby pay for the annual general upkeep of the house?
How does a baby declare their wealth for the tax return?
Right here said by dodgy:

Quote:
That would then normally be held in trust until the age of 18.
Even kingdoms were held while the child was not able to rule yet... The house would be in the name of the child, but the parent would be taking care of it till the child comes of age and can do whatever she/he wants to do with it (including kicking parenting unit out).
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Old 07.09.2011, 15:27
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Re: swiss husband's family insisting on an ehevertrag!

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as stated we've been married over a year and now my swiss husband's family are insisting on us having this marriage contract drawn up as he is to inherit the house, and it is my understanding that his family don't want the house to fall to me in case of my husband's death (instead to our daughter, now only 16 month old!?). what rights do i have on this matter and what should i insist gets drawn into this agreement/contract to cover me in the worst case i.e. i'm left alone with our child/children, can I stay in the house?
First and foremost, you have the right not to sign. Surely to goodness any pre-nups your husband or his family wanted ought to have been done, well, pre- the nup.


Have you seen a copy of the proposed contract yet? If so, some keywords to look for are "Errungenschaftsbeteiligung", "Gütergemeinschaft", "Gütertrennung". These are the three standard schemes for determining what is 'yours, mine and ours' in a marriage. The first of these is the default if you got married in Switzerland, but you can write a contract at any time, even during the marriage, to change to a different one of these regimes or re-specify the details of what is considered individual vs. common property. Since you referred to it as an "Ehevertrag" (marriage contract), I suppose something along these lines is what the in-laws want you to do.

It still doesn't make much sense to me though. Under any of these schemes, it seems to me the house will be part of his estate, and at least 25% of his estate still has to go to you... if the estate is big enough of course he could give the house to the kids and leave you your 25% some other way, but he wouldn't need a marriage contract to do that.



At any rate, you asked about the house. If you and he own the house/apartment where you live, then you would have a right to continue living in it as the surviving spouse. This is not the same as owning it, it may go entirely to your daughter or it may be split among several heirs or who knows - but you can demand "Wohnrecht", the right to live there. The value of that right (normally less than the rental value of the property) will be assessed and deducted from your part of the inheritance.

If it's a property you own but don't live in, no such right exists. He would have to write it explicitly in his will. There is the basic "Wohnrecht" as above, or he can assign you a "Nutzniessung" which would mean you can manage the property, including renting it out if you like. (Note that he can only opt for the latter if there are no children from previous marriages in the picture.)

It's hard to say any more without knowing what kind of contract they are asking for. I'd say definitely don't sign anything until you understand all the implications thoroughly. A lawyer wouldn't be a bad idea.
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Old 07.09.2011, 15:33
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Re: swiss husband's family insisting on an ehevertrag!

[QUOTE=dodgyken;

In the case of a family home - possibly if it is a hereditary home (IE the family has always owned it) - the trust would be required to let the surviving spouse remain in the property until death.
[/QUOTE]

As most Swiss mortgages don't get reduced below 65 % there is a very real chance that a wife or children will not be able to stay in the house as they cant afford the mortgage payments.
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