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Federal Act on the Registered Partnership between Same-Sex Couples

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 32 Division of the common home

1If for good cause a per­son must re­main in the com­mon home, the court may trans­fer the rights and ob­lig­a­tions un­der the ten­ancy agree­ment to that per­son provided this is not in­equit­able for the oth­er.

2The pre­vi­ous ten­ant is jointly and sev­er­ally li­able for pay­ment of the rent up to the date on which the ten­ancy ends or may be ter­min­ated pur­su­ant to the ten­ancy agree­ment or by law, but for a max­im­um peri­od of two years. If an ac­tion is brought to re­cov­er rent due, he or she is en­titled to set off the amount paid against any main­ten­ance pay­ments in in­stal­ments equal to the amount of the monthly rent.

3If the home be­longs to one of the part­ners, the court may, on the con­di­tions un­der para­graph 1, grant the oth­er per­son a right of res­id­ence for a fixed term in re­turn for reas­on­able com­pens­a­tion or set-off against main­ten­ance pay­ments. Where new and com­pel­ling reas­ons so re­quire, the right of res­id­ence may be re­stric­ted or re­voked.