Before selling, you must be certain that you are legally entitled to dispose of your property. In some cases, your relatives or co-owners may hold certain rights over it, even if they are not registered as owners.
You are not the sole owner:
The agreements required to sell the property depend on the form of co-ownership in place:
Simple co-ownership (copropriété ordinaire):
This is the most common structure. Each co-owner holds a share of the property and can dispose of their share freely. They may sell it without the other co-owners’ consent. However, the other co-owners have a legal right of first refusal (Art. 682 para. 1 of the Swiss Civil Code) if the share is being sold to someone outside the co-ownership. The entire property cannot be sold without the unanimous agreement of all co-owners.
Joint ownership (propriété commune):
This applies when multiple people jointly own a property under legal or contractual provisions — for example, in a marital community of property or an inheritance (hoirie). When someone dies and leaves their estate to multiple heirs, they collectively form a hoirie. All decisions in this form of ownership, including the sale of real estate, must be unanimous.
Condominium ownership (propriété par étage / PPE):
In this case, each owner holds exclusive rights to a specific unit (e.g., an apartment) within a building. You can sell your unit freely without needing approval from the other owners.
You are married:
According to Article 169 of the Swiss Civil Code, a spouse cannot sell or encumber the family home without the express consent of their partner — even if they are the sole legal owner. A family home is considered the principal residence of a married couple, with or without children.
Right of purchase or first refusal:
Someone (e.g., an heir or third party) may have a right of purchase (emption) or right of first refusal (préemption) over your property, especially in the case of an inheritance or specific agreement. If such a right exists, the beneficiary may step in and replace the buyer at the same conditions. It’s important to understand the nature of these rights and to inform your broker of their existence to avoid delays or disputes. It’s best to clarify these aspects before listing your property on the market.
If you have any doubts, we strongly recommend consulting a notary or legal expert to ensure you are fully within your rights before selling.
Excerpt from our guide: Selling Your Home in 42 Questions