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Old 07.05.2021, 12:55
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Sole ownership of the house

I'm married and I'm buying an apartment.
How can I make it sole ownership apartment instead of joint ownership or co-ownership with the spouse?


I know nothing about the process of buying an apartment, by the way.
I've heard that the deal is registered with the notary. Is that when the spouse needs to be present to confirm that the spouse is ok with not having a part in owning the new property?


What if the spouse is abroad and can't attend the meeting with the notary? Can the spouse somehow give me the power of attorney?
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Old 07.05.2021, 13:19
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Re: Sole ownership of the house

Spouse is irrelevant if only you are buying it.

BTDT (wife bought a rustico, I was there but didn't sign anything)

Tom
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Old 07.05.2021, 14:06
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Re: Sole ownership of the house

Exactly.

You may co-own a house with whoever you like. You can co-own a house with you mother, with your nephew, with your best friend, with some random stranger, with six different people if you like, each owning a different percentage if you like. You can also own it alone.

My stepson recently bought a house together with two buddies and the wife of one of those buddies.

Being married doesn't make any difference (*)

*) except possibly when it comes to the question of wills and inheritance.
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Old 07.05.2021, 14:25
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Re: Sole ownership of the house

With regards to the last question:

My wife never saw the notary, she was on the other side of the world. There were some documents for her to sign (procuration), all handled by courier. If you explain the situation to the notary then they do the necessary. Funny enough, the seller was also abroad and had the same docs allowing his lawyer to sign for him.
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Old 07.05.2021, 14:34
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Re: Sole ownership of the house

Thanks. Should be fine then.
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Old 07.05.2021, 19:26
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Re: Sole ownership of the house

There are tax implications when you die with a property owned by just one of you. You pay death duties.

If you jointly own the house the surviving party only pays half. Better you both own it, not his his and hers hers.
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Old 07.05.2021, 19:56
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Re: Sole ownership of the house

also at divorce it likely to play out differently
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Old 07.05.2021, 20:02
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Re: Sole ownership of the house

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There are tax implications when you die with a property owned by just one of you. You pay death duties.
Not in Switzerland.

Tom
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Old 07.05.2021, 20:03
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Re: Sole ownership of the house

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also at divorce it likely to play out differently
Nonsense.

Tom
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Old 07.05.2021, 20:08
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Re: Sole ownership of the house

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Nonsense.

Tom
interesting but not what notary I was speaking to said.

we have 50/50

https://www.ch.ch/en/form-homeownership/
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Old 07.05.2021, 20:11
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Re: Sole ownership of the house

I was under the assumption that every acquired during a marriage was co-owned unless another agreement was signed.

https://www.ch.ch/en/form-homeownership/
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Old 07.05.2021, 20:16
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Re: Sole ownership of the house

Different country I guess

Contribution to jointly acquired property
This regime applies to married couples who have not expressly arranged another type of regime.

During the marriage the property of the spouses remains separate.
They each retain ownership of their own estate, i.e. the property which they contribute on marriage or which they personally inherit or receive as a gift during marriage, and manage their own estates separately.
The savings made during the marriage (‘acquêts’, e.g. salaries, interest, contribution into a 3rd pillar) can be used and managed independently by each spouse.
On dissolution of the matrimonial property regime (divorce, death or new marital property regime), the jointly acquired property is divided equally between the two spouses.
The spouses are in principle only liable to pay their own debts with their own estate, unless the other spouse agreed to share the financial burden or the debt arises from every-day expenditure.

https://www.ch.ch/en/matrimonial-regime/
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Old 07.05.2021, 20:20
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Re: Sole ownership of the house

Way I was told
- Sole ownership -> you be kicked our from one day to another and argue for next 10 years where the money for that purchase came from.

- Joint ownership - you see no $ from it once you divorce as second party will veto your right to sell.

- Co-ownership - best you can do to run away in case you have to
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Old 07.05.2021, 20:24
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Re: Sole ownership of the house

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Way I was told
- Sole ownership -> you be kicked our from one day to another and argue for next 10 years where the money for that purchase came from.

- Joint ownership - you see no $ from it once you divorce as second party will veto your right to sell.

- Co-ownership - best you can do to run away in case you have to
Depends where the money came from, regardless on whose name is on the deeds.
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Old 07.05.2021, 20:26
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Re: Sole ownership of the house

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Depends where the money came from, regardless on whose name is on the deeds.
I just edited post above - have an look
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Old 07.05.2021, 21:01
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Re: Sole ownership of the house

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I was under the assumption that every acquired during a marriage was co-owned unless another agreement was signed.

https://www.ch.ch/en/form-homeownership/
Unless inheritance or own funds are used.

My wife used her inheritance funds.

Tom
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Old 07.05.2021, 21:05
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Re: Sole ownership of the house

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Depends where the money came from, regardless on whose name is on the deeds.
Yes, so technically I own 10% of my wife's rustico (this was pointed out by her lawyer) as we wanted the cash right away, and she was 10k short.

Tom
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Old 07.05.2021, 21:07
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Re: Sole ownership of the house

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I was under the assumption that every acquired during a marriage was co-owned unless another agreement was signed.

https://www.ch.ch/en/form-homeownership/
If the money used was from before the marriage or an inheritance that does not apply.
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Old 07.05.2021, 21:08
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Re: Sole ownership of the house

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If the money used was from before the marriage or an inheritance that does not apply.
This.

Regardless of marriage regime.

Tom
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Old 07.05.2021, 21:48
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Re: Sole ownership of the house

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Yes, so technically I own 10% of my wife's rustico (this was pointed out by her lawyer) as we wanted the cash right away, and she was 10k short.

Tom
if you can pick which 10% it be - go for doors and toilet - you should get a house paid by itself (ok, your wife) i no time asking for pay-per-use-variable-demand-pricing
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