Selling a property during a separation: a practical guide for French-speaking Switzerland

Selling a property during a separation: a major challenge

When a couple separates, the question of the jointly owned property often becomes one of the most delicate matters to handle. In Switzerland, several options exist: buying out the other spouse’s share, renting out the property or selling it. Every situation is unique and deserves tailored guidance.

The available options for the shared property

1. Buyout by one of the spouses

If one of the two wishes to keep the property, they can buy out the other’s share. This requires an objective valuation of the property, accepted by both parties. The spouse taking over will also need to demonstrate their financial capacity to the bank (debt-to-income ratio, own funds contribution).

2. Selling the property

Selling is often the simplest solution when neither party wishes, or is able, to keep the property. The proceeds of the sale are then divided according to the agreements in place or the applicable matrimonial property regime.

3. Temporary letting

In certain cases, particularly when the market is unfavourable or the children are still attending a nearby school, letting the property can serve as a transitional solution.

The broker’s role in a sale linked to a separation

A broker experienced in this type of situation acts as a neutral mediator. Their involvement makes it possible to:

• Provide an objective valuation accepted by both parties: an essential foundation for any agreement.
• Manage the marketing of the property in a professional and transparent manner, without favouring either party.
• Act as a single point of contact, avoiding direct tensions between the former spouses.
• Ensure absolute confidentiality throughout the process: your neighbours have no need to know the reasons behind the sale.

The stages of a sale in the event of a separation

1. Agreement of both parties: both owners must agree on the principle of the sale and its terms.
2. Professional valuation: a shared, objective basis for setting the price. This report will also serve before the lawyers and the court if necessary.
3. Sales mandate: signed by both parties, it sets out the terms of the marketing and the commission.
4. Listing and viewings: optimised marketing, with regular reporting to both parties.
5. Negotiation and signing: support all the way through to signing before the notary.
6. Distribution of the proceeds: according to the separation agreements or the matrimonial property regime.

What if one of the parties refuses to sell?

In Switzerland, if the co-owners cannot reach an agreement, several remedies exist. Mediation is always preferred, but as a last resort, a judge can order the property to be sold at auction (forced sale). This situation is best avoided, as it generally results in a price 15 to 30% below the market.

Discreet and professional guidance

Every separation is different. My role is to ease the transition by acting in the interest of both parties, with neutrality and professionalism. If you find yourself in this situation, please don’t hesitate to contact me for an initial confidential, no-obligation conversation.