Fachanwalt SAV Familienrecht Practice Questions - Fachanwalt SAV Familienrecht Avocat Spécialiste FSA Droit De La Famille Exam

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Spouse A is the sole registered owner of the single-family house in Winterthur that serves as the marital home (Wohnung der Familie) for Spouse A, Spouse B, and their minor children. Without Spouse B's knowledge or consent, Spouse A signs a notarized deed of sale selling the property to a third-party real estate investor. What is the legal effect of this sales contract under Swiss marriage law?

The alienation is absolutely invalid (nichtig) because a spouse cannot alienate or encumber the family home without the other spouse's express written consent under ZGB Art. 169 Abs. 1. The alienation is fully valid and enforceable against Spouse B because Spouse A is the sole registered owner in the land register (Grundbuch) and has absolute authority of disposition. The alienation is valid but gives Spouse B an immediate statutory compensation claim of 50% of the market value under marital property liquidation rules. The alienation is provisionally valid for 30 days during which Spouse B must obtain a retroactive court injunction to contest the commercial transfer.

Correct Answer:

The alienation is absolutely invalid (nichtig) because a spouse cannot alienate or encumber the family home without the other spouse's express written consent under ZGB Art. 169 Abs. 1.

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