Buying as an unmarried couple in Geneva: the precautions

Buying together without being married is entirely possible in Geneva, but no legal status protects you automatically as marriage would. More and more couples buy together before marrying, or without planning to. It is a long-term commitment. It deserves to be framed from the start, while everything is going well.

How to hold the property

Swiss law provides two forms of ownership for a joint purchase. Co-ownership in shares gives each person a defined share of the property: half each, or a split that reflects each buyer's actual contribution. Each share is treated as a property in its own right, which means it can in principle be sold or pledged by its holder. This is the most common form for unmarried couples.

Joint ownership, by contrast, does not divide the property into separate shares. It presupposes a pre-existing community between the buyers and is less suited to the situation of two unmarried partners. The choice between these two regimes is made when the deed is signed and its effects are lasting. This is something to settle with a notary.

Why a cohabitation agreement

A written agreement avoids many misunderstandings on the day the situation changes. It records what the law does not settle for unmarried couples: who contributed what, how mortgage payments and maintenance costs are shared, what happens if one partner wishes to leave.

Contributions are rarely identical. One pays a larger deposit, the other covers a larger share of running costs. Without a written document, these imbalances are difficult to reconstruct several years later. The Geneva Chamber of Notaries provides a contractual template that the notary adapts to your situation.

In the event of separation or death

This is the point most often overlooked. In the event of separation, no matrimonial property regime applies. Each partner remains the holder of their share and the division is settled according to what was agreed, or failing that according to the rules of co-ownership. Deciding in advance who can buy out the other's share avoids a forced sale at an already difficult time.

In the event of death, the surviving partner does not automatically inherit the deceased's share. The law does not recognise them as an heir. Without a will or other provision, that share passes to the legal heirs, and the survivor may find themselves co-owning the home with their partner's family. In Geneva, inheritance tax between unrelated persons is also heavy. Tools exist to organise this transfer, such as a will or reciprocal usufructs, but they must be put in place in advance. This is something to settle with a notary.

The role of the notary

The notary is the central contact for this type of purchase in Geneva. The notary drafts the deed of sale, registers the shares and the contributions to the financing in the land registry, and formalises the cohabitation agreement as well as the inheritance arrangements. Meeting them early, even before finalising the offer, lets you choose the right form of ownership rather than having it imposed on you later.

Moving forward with peace of mind

Buying together remains a wonderful step, provided the framework is set at the right time. If you are preparing a joint purchase, we can support you in your search and direct you to the right advisers. And if you already own a property and want to know its value, our valuation is a good starting point.

Sources

• Geneva Chamber of Notaries, forms of ownership and cohabitation: notaires-geneve.ch
• Swiss Civil Code: co-ownership (art. 646 et seq.), joint ownership (art. 652 et seq.)