Swiss Civil Code

¹ Where the house or apart­ment in which the spouses lived or the house­hold ef­fects form part of the es­tate, the sur­viv­ing spouse may re­quest that such prop­erty be al­loc­ated to him or her against his or her por­tion.

² Where jus­ti­fied in the cir­cum­stances, at the re­quest of the sur­viv­ing spouse or the oth­er stat­utory heirs of the de­ceased, a usu­fruct or right of res­id­ence may be gran­ted rather than own­er­ship of the home.

³ The sur­viv­ing spouse can­not claim such rights in re­spect of premises in which the de­ceased prac­tised a pro­fes­sion or ran a busi­ness and which are re­quired by one of his or her is­sue in or­der to con­tin­ue the pro­fes­sion or busi­ness, sub­ject to the pro­vi­sions of ag­ri­cul­tur­al law of suc­ces­sion.

⁴ The same pro­vi­sions ap­ply mu­tatis mutandis to re­gistered part­ners.⁵¹⁹