Swiss Civil Code

¹ If a spouse must re­main in the fam­ily home be­cause of the chil­dren or for oth­er com­pel­ling reas­ons, the court may trans­fer the rights and ob­lig­a­tions un­der the ten­ancy agree­ment to that spouse provided this is not in­equit­able for the oth­er.

² The 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 in in­stal­ments equal to the amount of the monthly rent against any main­ten­ance pay­ments owed to the oth­er spouse.

³ If the home be­longs to the fam­ily of one of the spouses, the court may, on the same con­di­tions, grant the oth­er spouse 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, such right of res­id­ence may be re­stric­ted or re­voked.