Love – and the dream of owning a home: what couples need to bear in mind
Many couples dream of owning their own home. However, those who are not married and are buying without a cohabitation agreement would be well advised to protect themselves beforehand. What young couples should know about buying a property before they start packing their first removal boxes.
Having breakfast together at the new kitchen table, the keys to your own home in your pocket, perhaps even a small garden with a barbecue area in front of the house: for many young couples, home ownership is a dream close to their hearts. However, anyone who isn’t married and wants to buy a property together without a cohabitation agreement should plan this carefully. To ensure that the dream of living together doesn’t turn into a nightmare, it’s worth clarifying a few points – ideally before the removal van arrives.
Feelings aren’t enough for the land register
It may sound unromantic, but it’s crucial: who owns what? The land register isn’t interested in declarations of love, but in hard facts. Hence the recommendation: have the ownership shares correctly entered in the land register at the time of purchase. Legally, with this type of joint ownership, each party is then responsible for their respective share of all costs incurred (including mortgage repayments). If one partner wishes to sell their share to a third party, the other partner has the right of first refusal. Many couples use their pension fund or Pillar 3a savings to finance the purchase. This is not legally possible in the case of joint ownership – where both partners are regarded as co-owners with equal rights, even if their shares in the investment differ. This is because the land register must clearly show which share has been financed with capital from the pension scheme.
Mortgage – both are jointly and severally liable
The bank carries out a rigorous assessment of income, equity and affordability. If both parties sign the mortgage agreement, they are jointly and severally liable for the mortgage under co-ownership. This means that if one partner can no longer make the payments, the other must take over. That is why it is particularly important for unmarried couples without a cohabitation agreement to draw up realistic budgets, plan for financial reserves and discuss all possible scenarios openly – from job loss to family planning.
Maintenance and investments – establishing clear rules
A new kitchen, a heat pump or simply a fresh coat of paint in the living room – investments are bound to arise. But who pays how much? Without a contract, this can quickly become a bone of contention. A tried-and-tested approach is to maintain a joint account for the mortgage, service charges and household expenses. And keep receipts. Because only by keeping records can you reliably demonstrate later exactly how much you have contributed.
Review your cohabitation agreement
Nobody likes to think about it, but it’s a reality: couples can split up, and life isn’t always predictable. Without a marriage or a will, the partner inherits nothing by law – even if you’ve been together for decades. In the event of death, the house or flat goes to the legal heirs. Even in the event of a separation, there is no obligation to provide financial compensation without a contract.
Conclusion: Owning a home whilst living as cohabitants requires more than just courage and love – it requires clarity, openness and written agreements. A cohabitation agreement can settle important issues regarding financing, maintenance and compensation payments. However, it is not sufficient to provide protection under inheritance law: for this, a will or an inheritance contract – which must be notarised – is absolutely essential.
Combined property and financial expertise
The experienced property team at thomasgraf ag will be happy to provide you with personalised and comprehensive advice on home ownership – whether it be a flat or a detached house – or on investment properties. This established property service provider also offers an exciting selection of attractive properties for sale in both categories. thomasgraf ag is a certified member of the Swiss Chamber of Estate Agents (SMK) and will also support you in the sale of a property – providing a personalised service that meets the highest quality standards. Thanks to thomasgraf ag’s close cooperation with the asset manager and family office service provider TRIONINVEST, as well as the financial services provider hypolino ag, we offer you combined property-specific and financial expertise, many years of industry experience and a strong network.