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Old 19.01.2019, 07:29
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Wife returned to origin country

Hello,

My wife some days ago left the country and told me she don't want to come back.I don't know when and if we get a divorce but for sure she is not coming back because she doesn't like the country at all.
Some quick facts: We are both EU citizens, no kids, I live and work in Switzerland for the last 3 years, she was not working, both B permits.

My questions are:
Where and what should I declare that she left?
Should I continue paying her insurance?
Since we don't have a divorce yet should I declare it at work for tax reasons?
If I change a house (because the one I rent now is big for me now as single) does she has to sign the new contract too?
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Old 19.01.2019, 07:39
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Re: Wife returned to origin country

Her health insurance needs to be cancelled immediately so that no more invoices come for the monthly premiums. Usually the insurance will be require proof of official departure. Since departure has yet to be even notified to the authorities you don't have that proof yet.
Start by informing them of the situation. That way you will only be liable to pay January's premium for her.
Inform your town hall of her departure as well. Usually this has to be done in person, but exceptions can be made.
Which country has she gone to? Does that country have a registration process?
If you are still on good terms, your wife could send you a copy of her registration from that country.
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Old 19.01.2019, 08:15
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Re: Wife returned to origin country

No there is no such thing in my origin country, I will try to explain them at the town hall.
Do you know what happens with the bank accounts? She is having also some credit cards that I am afraid she might overload them an then I get the charge.
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Old 19.01.2019, 08:18
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Re: Wife returned to origin country

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Do you know what happens with the bank accounts? She is having also some credit cards that I am afraid she might overload them an then I get the charge.
Is the account in your name? Contact the bank and block them is the easiest way.

But you can also consider putting a monthly cap on it so your wife is not suddenly without any money. Or simply contact her and ask her to destroy the cards as soon as she has new ones.

Housing: did you both sign for the rental contract?
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Old 19.01.2019, 08:21
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Re: Wife returned to origin country

I told her I will put money for her in a bank in our country back home until she finds a job (if she finds). But I don't want to have her swiss credit cards.
For the house, yes we both signed
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Old 19.01.2019, 09:02
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Re: Wife returned to origin country

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I told her I will put money for her in a bank in our country back home until she finds a job (if she finds). But I don't want to have her swiss credit cards.
For the house, yes we both signed



Ring up CC company and cancel cards, end of story.
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Old 19.01.2019, 09:34
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Re: Wife returned to origin country

If the Swiss cards are used a lot abroad, then you are also paying a foreign transaction fee on all of the purchases, so could be wise to cancel them. No reason why the bank accounts can't stay open for now though, she is still resident and can receive her post at your place.
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Old 19.01.2019, 14:25
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Re: Wife returned to origin country

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For the house, yes we both signed
Than you also have to cancel both if you want to leave in future, unless you get her of the contract.
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Old 19.01.2019, 19:47
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Re: Wife returned to origin country

So long as you’re married and both registered at the same address, you’ll be unable to cancel the rental agreement regardless of whether she is also a party to the rental contract. You can inform the municipality of her departure and then use the confirmation to cancel outstanding contracts. Obligatory health insurance can be cancelled retroactively to the date of departure.
You can apply to a judge for a séparation de corps if you want to separate your financial situations without getting divorced. Alternatively you can also divorce but unless she agrees, you’ll have to wait 2 years to divorce her unilaterally.
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Old 20.01.2019, 02:18
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Re: Wife returned to origin country

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So long as you8217;re married and both registered at the same address, you8217;ll be unable to cancel the rental agreement regardless of whether she is also a party to the rental contract. You can inform the municipality of her departure and then use the confirmation to cancel outstanding contracts. Obligatory health insurance can be cancelled retroactively to the date of departure.
You can apply to a judge for a séparation de corps if you want to separate your financial situations without getting divorced. Alternatively you can also divorce but unless she agrees, you8217;ll have to wait 2 years to divorce her unilaterally.
OP can not simply inform authorities and deregister the wife from Switzerland. I bet lots of guys would just love to do that while their wifes are on holidays

Also just cancelling her health insurance could become a very expensive story for OP.

He needs at least a written statement of the wife that she left for good. That would need to be notarially certified I suspect, plus translated to one of the languages of Switzerland.
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Old 20.01.2019, 06:55
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Re: Wife returned to origin country

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OP can not simply inform authorities and deregister the wife from Switzerland. I bet lots of guys would just love to do that while their wifes are on holidays

Also just cancelling her health insurance could become a very expensive story for OP.

He needs at least a written statement of the wife that she left for good. That would need to be notarially certified I suspect, plus translated to one of the languages of Switzerland.
Now I am confused because you are the first one that tells me this with total diferent fact. I will ask my insurance guy maybe he know.
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Old 20.01.2019, 07:29
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Re: Wife returned to origin country

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OP can not simply inform authorities and deregister the wife from Switzerland.
In some circumstances this is possible. They like you to do it in person, but exceptions are made.

When we took over our new home we did not immediately register and I knew that that previous owner wanted to keep his official residence in the flat, which was fine with us, as otherwise it would have resulted as empty and we would have been charged a holiday home tax.
When my husband registered last spring (I went along but I did not register), the town hall noticed that the previous owner was still registered (which we knew about but did not mention) and the lady sort of said to herself that she would contact the previous owner (who actually only moved a few doors down) to get him to update his address. I texted him to say that he might receive a letter. He did and had to update his address (move his official residence).

I registered my residence just a couple of weeks ago. To make sure everything was in order I asked the woman, so now there are two of us, right? And she said, 'no, now there are three of you'.
It turned out that a younger woman who had been 'living in' with the previous owner was still registered.
I said it was ridiculous as we bought the place in 2017 and this woman hasn't been there for several years. The neighbours said she wasn't even the last younger woman to live in with the previous owner.
I told the woman in the town hall that as owners we were no longer prepared to have this woman (who we have never met) have her residence in our flat. So they said that they would deregister the woman retroactively to the end of 2018. I said in theory it should be done retroactively to at least summer 2017, but apparently that isn't possible.
And also it seems that when my husband registered in spring 2018, the fact that this woman was also registered as living there was completely overlooked.

But now this woman has definitively lost her residence here.
Probably she had been using it to some advantage, tax, social welfare etc.

So it is possible to deregister someone else in certain circumstances.

Just as it is possible to be registered somewhere where you don't even live.
If I had not have said anything to the woman in the town hall, the younger woman would have stayed registered at our private address possibly for years and years to come.
How is all this possible? Simple, they use postboxes for their correspondence. Their mail is permanently redirected.
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Old 20.01.2019, 09:57
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Re: Wife returned to origin country

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it is possible to be registered somewhere where you don't even live.
Even legally.

My elder daughter was registered for several years here after she moved to another part of Ticino an hour away, finally they did it for her.

And my younger daughter was registered here for voting-purposes while living in the US for 4 1/2 years.

Tom
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Old 20.01.2019, 10:01
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Re: Wife returned to origin country

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Even legally.
My elder daughter was registered for several years here after she moved to another part of Ticino an hour away, finally they did it for her.
And my younger daughter was registered here for voting-purposes while living in the US for 4 1/2 years.
It happens more than people realise. Woman across the road is resident in the next town and has been for at least 15 years. No idea what benefit she gets out of it as a pensioner. But the next town happens to be in another country.
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Old 20.01.2019, 12:19
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Re: Wife returned to origin country

@Clocker: Long story, nothing to do with OP's problem. In your case the young lady did not loose residency in Switzerland (provided she was a foreigner at all). Many Swiss register with friends or family for various reasons.

How ever, OP's wife left in anger, it seems. Privilege of the lady: To change her mind
OP's wife is an adult, to cancel her permit by informing the authorities is not possible. She must do that herself, officially leave the country.
Cancelling her health-insurance in fact is only possible when she officially doesn't live here anymore (after the above then) as it is mandatory. If OP does something funny here and she returns ill, he will pay (as her husband, as the one with the income, as the one who illegally cancelled her insurance).

OP indeed is in a tricky and bad situation. The only solution I see is a "gerichtliche Trennung" (sorry German, you can switch to French if that helps).

OP, if you are sure your wife will not return and just left you hanging and is not prepared to talk to you/sort this out with you, you need a lawyer or for a start at least a family-advice-center with knowledge of "Ausländerfragen" (knowledge of foreigner-specific problems)
These people will probably be able to either help or give you an address.
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Old 20.01.2019, 12:36
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Re: Wife returned to origin country

curley's right, OP can't simply deregister the wife, he needs a power of attorney to do that or a judicial verdict.

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So it is possible to deregister someone else in certain circumstances.
That's not what you did, you merely stated that her address is no longer valid. The clerk's reaction. assiing the gf was indeed deregistered, was an indirect consequence only.

OP can't deregister the wife. But he can inform the authorities that she left the country for good. Under ordinary circumstances her permit would lapse after 6 months so she automatically would be deregistered. The extent to which this applies to such a case, as it's about the marital home which enjoys special protection, is to be seen. But short of seeking a judicial verdict that's what I'd enquire about first if I was OP.

As sad as it is, I'd use access to a bank account, or monetary payments in general, to make her cooperate. Just make sure you stay in legal territory, by all means avoid what could be seen as coercion.
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Old 20.01.2019, 13:28
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Re: Wife returned to origin country

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In your case the young lady did not loose residency in Switzerland (provided she was a foreigner at all).
Who said anything about residence in Switzerland? According to the neighbours and the town hall she is a foreigner.
Lady at the town hall told us that if they are not told about the departure, the person stays registered an eternity (her words).

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That's not what you did, you merely stated that her address is no longer valid. The clerk's reaction. assiing the gf was indeed deregistered, was an indirect consequence only.
OP can't deregister the wife. But he can inform the authorities that she left the country for good.
No we asked for her residence to be removed, which as owners of the property we can do. It wasn't done on the spot. We requested it. I'll be checking later this month when the head of department gets back from her holiday that this has been done. Given that the town hall know we purchased in 2017 it is very unlikely that this deregistration won't be carried out. Otherwise it is simply fraud or assisting fraud (especially if the woman was still claiming benefits based on her being a guest of the previous owner) as the authorities are informed that the person isn't there and hasn't been there for at least 18 months. According to the neighbours it is more likely to be 3 years.

Last edited by Clocker; 20.01.2019 at 13:47.
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Old 20.01.2019, 14:00
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Re: Wife returned to origin country

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(especially if the woman was still claiming benefits based on her being a guest of the previous owner)
What benefits?

Tom
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Old 20.01.2019, 14:05
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Re: Wife returned to origin country

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What benefits?
No idea. The neighbours were under the impression she was initially working and then lost the job and went onto benefits. They then didn't see her for around 3 years. Whether she is still claiming benefits to this day we don't know. But obviously as she is long gone and the property has changed hands, she has no right to do so using our address. It was only by chance that we discovered she was still registered as living here. There are no regular checks on this sort of thing around here it seems.
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Old 20.01.2019, 21:18
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Re: Wife returned to origin country

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No idea. The neighbours were under the impression she was initially working and then lost the job and went onto benefits. They then didn't see her for around 3 years. Whether she is still claiming benefits to this day we don't know. But obviously as she is long gone and the property has changed hands, she has no right to do so using our address. It was only by chance that we discovered she was still registered as living here. There are no regular checks on this sort of thing around here it seems.
Maybe she forgot to deregister. Or didn't even know she has to do it.
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