Swiss Civil Code

¹ If the com­munity of prop­erty re­gime is dis­solved by the death of a spouse or the im­ple­ment­a­tion of a dif­fer­ent mar­it­al prop­erty re­gime, each party or his or her heirs is en­titled to one-half of the com­mon prop­erty.

² A dif­fer­ent meth­od of di­vi­sion may be agreed by mar­it­al agree­ment.

³ Such agree­ments must not ad­versely af­fect the right to claim the stat­utory en­ti­tle­ments of the spouse’s is­sue.

⁴ Un­less there is an in­struc­tion to the con­trary in the mar­it­al agree­ment, agree­ments on a dif­fer­ent meth­od of di­vi­sion do not ap­ply on the death of a spouse when di­vorce pro­ceed­ings are pending that res­ults in the sur­viv­ing spouse los­ing his or her right to claim the stat­utory en­ti­tle­ment.²⁴⁷