Selling a home/moving house
Matrimonial and inheritance law
Most home-owners have invested the majority of their wealth in their own home or apartment. Death may lead to financial difficulties for the surviving spouse, if further heirs are also in line to inherit. A settlement under matrimonial and inheritance law can prevent this happening.
The most common form of matrimonial regime is the community of property acquired during marriage. Under this arrangement, the assets are distributed as follows in the event of the husband's death:
In the event of a spouse's death, the children are entitled to half the estate (freehold + half of the acquired property). Paying this may cause the surviving spouse great difficulty, since the majority of the wealth is invested in the home. If permitted by the current mortgage terms, it may be possible to increase the mortgage, but this would entail higher interest payments. The other alternative would be to sell the property.
Using a matrimonial and/or inheritance contract, it is possible to ensure that the entire estate passes to the survivor in the event of a partner's death.
We recommend that you contact a notary or a lawyer if you are interested in drawing up a settlement under matrimonial and inheritance law.
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