Moving in with your partner: What to consider

Table of contents

For a rental apartment
Regarding insurance
For home ownership
Conclusion: What should you keep in mind when moving in together?

What should I be aware of when moving in with my partner in a rental apartment?

When moving in with a partner, the following legal questions arise in particular regarding cohabitation:

• How long can my partner live with me without registering with the property management?
• Can the property management prohibit my partner from moving in?
• What should I keep in mind regarding the lease agreement?

How long can my partner live with me without registering with the landlord?

Generally, a stay of up to three months is considered a temporary visit. You should inform the landlord by then at the latest. In addition, your partner should register with the municipality as at least a weekly resident. To do so, they will need a confirmation of move-in or a copy of the amended tenancy agreement.

If you do not report your partner’s move-in to the property management, you are violating your obligation to report this as a tenant. In extreme cases, this could lead to termination of your tenancy agreement.

Can the landlord or the property management company prohibit my partner from moving in?

As long as your partner’s move-in does not result in overcrowding of the apartment, the landlord cannot prohibit it. However, you are required to report your partner’s move-in within three months at the latest. Overcrowding generally occurs if there is not at least eight to ten square meters of living space available for each person, or if more than two people have to share a room.

What should I keep in mind regarding the tenancy agreement if I move in with my partner?

Either both partners sign the tenancy agreement, or one partner becomes a subtenant of the other partner, who signs the tenancy agreement. If you are already living in the apartment, you must inform the property management in both cases that your partner is moving in.

What are the advantages and disadvantages of a subtenancy agreement compared to a tenancy agreement?

A subtenancy has the advantage that, in the event of a breakup, it is clear who owns the apartment. Additionally, the tenancy agreement does not need to be amended when the subtenant moves out. However, if the primary tenant dies, the subtenant has no claim to the apartment against the landlord. If both partners are listed as equal primary tenants, the tenancy agreement automatically continues upon the death of one partner.

If both partners sign the tenancy agreement, they are jointly and severally liable to the landlord for the rent. If one of the two partners fails to pay, the landlord can demand the full rent from the other partner. In the case of a subtenancy agreement, the landlord cannot collect rent directly from the subtenant. However, if the landlord terminates the tenancy agreement due to unpaid rent, this also affects the subtenant, as the subtenancy cannot last longer than the primary lease.

What should you be aware of when subletting?

If you choose to sublet, you must first ask the property management company if this is permitted, then provide them with the terms of the subtenancy agreement. The property management company may also refuse the sublease. 

What should I consider regarding insurance when I move in with my partner?

A joint policy covering the entire household is more cost-effective than each person taking out their own insurance. Therefore, make sure to take out a joint policy for at least home contents and personal liability insurance. 

For any joint insurance policy, ensure that both partners are listed by name in the policy. Notify the insurance company well in advance. Insurance companies are often accommodating and will cancel the redundant policy early if proof of a shared household is provided.

If both partners are moving in together, make sure all insurance policies are adjusted to the new living situation. This is especially important if you’re getting a new yard or moving from two rental apartments into a shared home you own. 

Household insurance

Since the value of your household goods usually increases when you move in together, you should adjust the insured amount accordingly. If you are underinsured, your home contents insurance will only cover a portion of the costs in the event of a claim – regardless of the extent of the damage.

The insured amount for the optional coverage for simple theft outside the home in home contents insurance is often 2,000 francs. Consider increasing this amount, since there are now two of you on the policy. For example, if a bicycle is stolen while you’re out and about, a coverage amount of 2,000 Swiss francs is often no longer sufficient.

Personal liability insurance

Please note that personal liability insurance does not cover damages to people living in the same household. This generally also applies to third-party driver insurance. If you want to insure accidental damage to shared household contents (excluding damage to vehicles), you should take out the optional “comprehensive household contents insurance” add-on with your home insurance. This is often also called “all-risk insurance.”

Health insurance

While a joint policy cannot be taken out for mandatory basic health insurance (KVG), this is generally possible for voluntary supplementary insurance (VVG). Supplementary insurance plans often even offer attractive combination discounts when multiple people from the same household take out a joint policy.

What should I be aware of regarding property ownership if I move in with my partner?

When unmarried couples move into an owned home, the following questions arise in particular:

• What should you be aware of if the home belongs to only one of the partners?
• What should you be aware of if both partners own a share of the property?
• What should cohabiting partners be aware of in the event of the death of one of the partners?
• What should unmarried couples in Switzerland be aware of if they invest in their partner’s property?

If the home is owned by only one partner

If the home is owned by only one partner, you should draw up a lease agreement for the other partner. This way, that partner will have all the rights and obligations of a tenant and, in the event of a separation, a three-month notice period to find a new place to live.

In addition, you should clarify what happens if the partner who owns the property dies (see below).

When the residential property is owned by both partners?

If both partners each own a share of the residential property (co-ownership, for example, in a 60:40 ratio), you should ensure that you divide the running costs and maintenance costs according to your ownership shares.

Cohabiting couples should also clarify, at the time of purchasing the home, who will remain in the property in the event of a separation and how the other partner will be compensated. This can be stipulated in a cohabitation agreement.

Furthermore, you should provide each other with legal protection regarding the home in the event that one of you dies (see next paragraph).

What do cohabiting partners need to consider regarding the death of a partner?

Here is a rough outline of the legal situation regarding the death of a cohabiting partner. Seek additional legal advice on this matter.

Since cohabiting partners have no legal inheritance rights, they should grant each other either a lifelong right of usufruct or a right of residence free of charge in a will or inheritance contract. If only one of the two partners owns residential property, it is sufficient for that partner to grant the other one of the aforementioned rights.

You must also have the right of residence or usufruct entered in the land registry. Without this entry, the partner may be evicted from the property by the new owner following a sale, despite the existence of a will or inheritance contract.

In the case of a right of usufruct and a lifetime right of residence, the heirs are not required to be paid out regarding the property until the surviving partner moves out of the property or dies. However, after the death of the first cohabiting partner, the bank reassesses the affordability of the mortgage.

In the case of a usufruct right, the bank assesses the financial situation of the surviving partner as part of the affordability review. In this case, it may make sense to name the partner as the primary beneficiary in the will or inheritance contract.

In the case of a right of residence, however, the bank assesses the financial affordability of the new owner of the property (usually legal heirs, such as children or parents). In this case, it may make sense to name the children as primary beneficiaries in the will or inheritance contract. 

What is the difference between a right of usufruct and a right of residence?

With a right of usufruct, the surviving spouse must bear almost all costs themselves, as if they owned the property. This includes mortgage interest, insurance premiums, taxes, and routine maintenance. With a right of usufruct, the surviving partner can also rent out the property and use the proceeds to finance the costs of a nursing home, for example.

With a right of residence, the surviving partner is only required to pay the usual utility costs, such as electricity, water, heating, and minor repairs. All major expenses, such as mortgage interest, building insurance, and property taxes, must be covered by the new owner (for example, the children). However, the right of residence does not entitle the surviving partner to rent out the property.

What should unmarried couples in Switzerland keep in mind when investing in their partner’s home?

Protect yourself so that you get your money back in the event of a separation. For a total investment of up to 5,000 francs, you should at least keep the receipts and supporting documents.

For investments ranging from 5,000 to 30,000 Swiss francs, you should definitely enter into a written loan agreement with your partner. This agreement should specify the loan amount, the interest rate, and the timing and amount of repayment. Important: If your partner dies and does not leave sufficient financial resources, you will not get the loan back.

For this reason, you should definitely have yourself registered as a co-owner of the property in the land registry for any investment of 30,000 francs or more. This way, you cannot simply be evicted from the house in the event of a separation, and you also benefit from any increase in the property’s value.

Whenever you make an investment that increases the property’s value, the co-ownership shares in the land registry should be updated accordingly. If you’ve made a significant contribution to the property’s appreciation but this isn’t noted in the land registry, you could end up with nothing in the event of a separation, while your partner would benefit disproportionately from the increase in value.

Conclusion: What should you keep in mind when moving in together?

• Rented apartment in a cohabiting relationship: Notify your property management of your partner’s move-in no later than three months after the move. If both partners are listed on the lease, you are jointly and severally liable for the rent, and the lease continues in the event of one partner’s death. With a sublease agreement, it is clear who owns the apartment in the event of a separation. If the primary tenant dies, it is not certain whether the subtenant will be allowed to remain in the apartment.
   
• Homeownership in a cohabiting relationship: If only one partner owns the home, you should draw up a lease agreement for the other partner. In the case of co-ownership, you should split the running costs according to your respective shares. Ensure you have legal protection regarding the other partner’s continued residence in the home in the event of one partner’s death. Only make investments of over 30,000 francs in your partner’s home if, in return, you are registered as a co-owner in the land registry.
   
• Insurance for cohabiting couples: Take out a joint policy for yourself and your partner covering at least household contents and personal liability insurance, and, if necessary, increase the coverage amount for household contents insurance as well as the coverage for simple theft while away from home. Also ensure that the new insurance policies are tailored to the risks associated with the shared residence.