Spouse has died: who owns the house now?

On this page

Can I stay in the house after my husband or wife has died?
How much do I inherit, and how much do the children get?
Can I take over the whole house – and what do I owe the children?
What happens to the mortgage when a spouse dies?
Is my pension still enough to stay in the house?
Which deadlines apply now – and what can wait?
Is inheritance tax or property gains tax due in the Canton of Zurich?
Usufruct or right of residence instead of ownership: what is the difference?
What does the house mean if I later need care or supplementary benefits?
What can couples arrange now so the survivor can stay?
To be honest
Frequently asked questions

The funeral is over and the relatives have gone home. On the kitchen table lie letters, some still addressed to both of you. The municipal tax office has asked to come round for the inventory. The house has gone quiet. Your daughter asks softly: «Is the house yours now?»

The obvious answer would be yes. Swiss law sees it differently. It works in two steps: marital property first, then inheritance. That order decides whether you can take over the house, and what you would owe the children for it. Once you have seen the calculation, it loses its power to frighten you.

And what if your share is smaller than the value of the house?

Can I stay in the house after my husband or wife has died?

Yes, the law protects exactly this wish. If the house is part of the estate, you can ask for ownership of it when the estate is divided. It is «credited» (auf Anrechnung): its value counts towards your share, not as a gift on top.³ Where circumstances justify it, a usufruct or a right of residence is possible instead. Both let you live in the house without owning it.³

Until the division, the estate belongs to all heirs jointly. During that time you cannot sell or mortgage the house on your own.³ If you were both registered as owners, only your spouse’s share falls into the estate. The heirs become owners at the moment of death. But they can only act in the land register (Grundbuch) once they are entered. That always takes an original certificate of inheritance (Erbschein).⁶ ⁸

What this means for you: staying is your right, credited against your share, not a favour from the children. What it costs you depends on the house’s value at the division.

If you take over the house and it is worth more than your share, you pay the children the difference. How much depends on one figure: the value of the house at the division. A careful review gives you and the children the same figure, free and with no obligation.

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How much do I inherit, and how much do the children get?

The law works in two steps. Death first ends the marital property regime, the couple’s asset rules.¹ Without a marriage contract, the default regime applies (Errungenschaftsbeteiligung). Acquired property (Errungenschaft) is what was bought during the marriage, such as a house paid from salary. Inheritances and gifts do not count.¹

Step one: you receive half of your spouse’s surplus (Vorschlag), the acquired property minus debts. This half is your own claim, not an inheritance.¹ Step two: the rest is the estate. Without a will, you inherit half of it alongside the children, who share the other half equally.²

If you married before 1988 without a marriage contract, the default regime covers the whole marriage. Exception: you declared back then that you would keep the old rules.¹⁸ An older marriage contract may keep the old law alive. Have it checked.¹⁸

What this means for you: your share comes from two halves in sequence, not one. In the example: CHF 1,175,000, not the CHF 800,000 of a simple half.

Worked example

Zurich: the husband dies, no marriage contract, no will, two children

Our own, simplified example, not a real case. The house is registered to the husband alone and was bought from salary during the marriage. No assets from before the marriage, no inheritances, no funeral costs. The wife has savings of CHF 100,000. The house is worth the same on the date of death and at the division.

Market value of the house: CHF 2,000,000
Husband’s securities: CHF 200,000
Less mortgage: CHF 600,000
Husband’s assets after the mortgage (his surplus): CHF 1,600,000
Step 1, marital property: half to the wife, offset against half of her savings: CHF 750,000
Estate to be inherited: CHF 850,000
Step 2, inheritance: half to the wife: CHF 425,000
Inheritance per child (a quarter each): CHF 212,500
Wife’s claims from marital property and inheritance: CHF 1,175,000
Tax on a later sale (property gains tax): not deducted here

Our own example under Articles 204(1) and 215 of the Swiss Civil Code¹ and Articles 457 and 462(1)². The compulsory share is based on assets at the date of death (Article 474²); the house is credited at its value at the division (Article 617³). A guide figure without warranty, not individual legal or tax advice. As of October 2026.

Can I take over the whole house – and what do I owe the children?

Yes, credited against your share. What counts is the market value (Verkehrswert) at the division. Not the tax value, purchase price or value at death.³ If heirs disagree, officially appointed experts assess it.³ In the example: house net of mortgage CHF 1,400,000, your claims CHF 1,175,000. You pay the children the difference of CHF 225,000. With the securities, they receive exactly their CHF 425,000.

Your savings of CHF 100,000 leave CHF 125,000 to find. The law guarantees the right to the house, not the money for it. Options: the children wait, or a larger mortgage if the bank agrees. The law also allows a usufruct or right of residence instead.³

Had a will left you the freely disposable half, you would owe the children only CHF 12,500. They would then get exactly their compulsory share, the legal minimum.²

What this means for you: everything hinges on the house’s value at the division. A careful review gives everyone the same starting point.

Worked example

Same example: the wife takes over the house and mortgage

Continuing the calculation above, with the same assumptions.

House after the mortgage: CHF 1,400,000
Wife’s claims from marital property and inheritance: CHF 1,175,000
Balancing payment to the children: CHF 225,000
In addition, the children receive the securities: CHF 200,000
Children together, as in their inheritance (2 × 212,500): CHF 425,000
Balancing payment from her own savings: CHF 100,000
Still to be found elsewhere: CHF 125,000
Variant: a will leaves the wife the freely disposable half – balancing payment to the children: CHF 12,500

Our own example under Articles 612a and 617 of the Swiss Civil Code³ and Articles 470, 471 and 474(1)². In the variant, the children together receive exactly their compulsory share of CHF 212,500 (securities CHF 200,000 plus balancing payment CHF 12,500). Property gains tax on a later sale and the tax effects of the balancing payment are not included. The division agreement must be in writing (Article 634(2)³). A guide figure without warranty, not individual legal or tax advice. As of October 2026.

What happens to the mortgage when a spouse dies?

The mortgage does not end with the death. Your spouse’s assets and debts pass to all heirs, including the children. The heirs are jointly and severally liable, so each can be asked for the full amount.³ If you co-signed the loan as a joint debtor, the bank can claim the whole debt from you anyway.⁴ Your contract says whether the bank may then terminate it.

Taking over house and mortgage in the division does not release the children towards the bank. They remain liable until the bank consents.³ This liability expires five years after the division. If the debt only falls due later, for example at the end of a fixed-rate mortgage, the five years run from then.³ A child who pays can claim it back from you.³

What this means for you: ask the bank to consent to the takeover in writing and to release the children.³ ⁴ Whether you can keep the mortgage alone is the bank’s decision, not the law’s.

Is my pension still enough to stay in the house?

You might expect a widow’s pension on top of your own state pension (AHV). Only the higher of the two is paid, though.¹² In return, the couples’ cap of 150 percent of the maximum falls away. Your own old-age pension gains a widowhood supplement of 20 percent. Together, it cannot exceed the maximum pension: CHF 2,520 a month in 2026.¹² ¹³ This applies equally to widows and widowers.

If your spouse drew a pension fund (Pensionskasse) pension, the law guarantees 60 percent of its mandatory part. The condition: you are over 45 and were married at least five years, or you support a child. Otherwise there is a one-off lump sum. The rest depends on your fund’s rules.¹⁵ In the example, income falls by CHF 2,460 a month, a good third.

What this means for you: the mortgage stays the same, the income does not. Plan with the new income. Before retirement age, separate rules apply to survivors’ pensions.¹⁴ A reform is before Parliament, not yet in force.¹⁷

Example: income before and after the husband’s death
Per month	As a couple	Alone
State pension (AHV)	CHF 3,780	CHF 2,520
Pension fund	CHF 3,000	CHF 1,800
Total per month	CHF 6,780	CHF 4,320
Per year, with the 13th AHV old-age pension	CHF 85,140	CHF 54,360

Assumptions: both were entitled to the maximum AHV pension of CHF 2,520, capped at CHF 3,780 as a couple. The husband drew a CHF 3,000 pension fund pension, and the fund’s rules provide 60 percent for the widow. The wife has no pension fund of her own. Under AHVG Articles 24b, 34ter, 35, 35bis, AHV information sheet 3.01 and BVG Articles 19, 21. A guide figure without warranty, not a pension decision. As of October 2026.

The first months

Which deadlines apply now – and what can wait?

Within two weeks: the tax inventory
The municipal tax office draws up an official inventory, including your own assets. Until then, the heirs may only dispose of the estate with the consent of the inventory authority.¹⁰
Within one month: a public inventory, if needed
Any heir can ask for one, which makes sense if the debts are unclear. Whoever then accepts the estate is, in principle, only liable for the debts listed. According to the Zurich courts, it costs several thousand francs, paid in advance.⁶ ¹⁹
Within three months: accept or disclaim
The period runs from when you learn of the death. If you declare nothing, you have accepted the estate.⁶ Anyone who wants to disclaim must not take items from the estate beforehand, act beyond mere administration or apply for a certificate of inheritance.⁶ ⁸ The district court at the last place of residence is responsible.⁷
Around 6 to 12 weeks: the certificate of inheritance
It is issued by the district court at the last place of residence. The courts expect this long even in simple cases. Transferring the house in the land register always needs the original. The fee is between CHF 100 and CHF 7,000, rarely under CHF 250, plus expenses.⁸
Then: land register and division
The heirs can only sell or mortgage the house once they are entered in the land register.⁶ ⁹ The division agreement between the heirs must be in writing.³ So you need not decide anything about the house in the first weeks. The deadlines for the public inventory and for disclaiming do run, though.

Is inheritance tax or property gains tax due in the Canton of Zurich?

No inheritance tax. In the Canton of Zurich, spouses and descendants are exempt, and from gift tax too.¹¹ Passing the house on through inheritance or the division of the estate does not trigger property gains tax (Grundstückgewinnsteuer), the tax on the profit from a sale, either. It is deferred.¹⁰ Zurich has not levied a property transfer tax since 2005.¹⁰

If you later sell a house you received through inheritance or the division of the estate, gain and holding period are based on the earlier acquisition, such as the original purchase.¹⁰ If that was more than twenty years ago, the market value from twenty years back may be used. After twenty full years of ownership, the tax is reduced by 50 percent.¹⁰ If you lived in the house permanently and exclusively yourself and, within a reasonable period, buy another house or flat in Switzerland to live in yourself, the tax is deferred to the extent the proceeds are reinvested.¹⁰

What this means for you: estimate the property gains tax on your house in advance. The result is a guide figure without warranty. It does not replace tax advice or a tax assessment.

Usufruct or right of residence instead of ownership: what is the difference?

If the house belonged to your spouse, you can already claim a usufruct or a right of residence under marital property law. The law gives the reason: so that you can keep your previous way of life.¹ This right, too, is credited against your claims. It does not come on top.¹

A usufruct (Nutzniessung) lets you live in and use the house. In return, you bear the ordinary upkeep, the mortgage interest, and taxes and charges.⁵ An exclusive right of residence (Wohnrecht) lets you live there, and you bear the ordinary upkeep.⁵ It can be neither passed on nor inherited. Family members may move in with you, though, unless the right is expressly limited to you alone.⁵

Both give you a home, but not ownership. Right of residence and usufruct compared sets out the differences in detail.

What does the house mean if I later need care or supplementary benefits?

Supplementary benefits (Ergänzungsleistungen) are the state top-up when pension and assets are not enough. As long as you live in the house yourself, it does not count towards the asset threshold of CHF 100,000 for single people.¹⁶ In the calculation, its value only counts above CHF 112,500, or above CHF 300,000 if you receive an AHV helplessness allowance.¹⁶ Its rental value counts as income, but is also recognised as an expense in place of rent, up to a maximum. If you have a usufruct or right of residence instead of ownership, its annual value counts as income.¹⁶

If you move into a care home and the house stands empty, this stops applying after a transition period. What applies then is covered on our page on care and later life. What a care home costs in the Canton of Zurich is shown by the care home cost calculator.

If you received supplementary benefits as a couple, repayment only arises from the estate of the second spouse to die, and only from the part above CHF 40,000. This applies to supplementary benefits paid since 2021.¹⁶

What can couples arrange now so the survivor can stay?

A notarised marriage contract can allocate the whole surplus to the surviving spouse.¹ Children of the couple then inherit on the first death only from the separate property, meaning what the late spouse owned before the marriage, inherited or received as a gift. Their compulsory share is not infringed. Children from an earlier relationship remain protected.¹

Since 2023, the compulsory share of spouse and children has been half of their statutory share each. Alongside children, that is a quarter of the estate for the spouse and a quarter for the children together. Half is freely disposable, for example by will in favour of the spouse.²

Another option is to leave the spouse, by will or inheritance contract, a usufruct over the whole share of the couple’s children (Article 473 of the Civil Code). It replaces the spouse’s statutory share.² If the death occurred on or after 1 January 2023, a challenge over compulsory shares follows the new law, even for an older will.¹⁸ Older wills and marriage contracts are best checked by a notary.

What else helps right now?

To be honest

What does an estate agent not decide here?

What can be backed up officially: you have a legal right to take over the house, credited against your share.³ Whether you can afford it depends on two figures. Your new income, and the value of the house at the division. If the heirs cannot agree on the value, officially appointed experts assess it.³

What I do not assess: how a will or marriage contract is to be interpreted, when circumstances justify a right of residence instead of ownership, the tax effects of a balancing payment, your pension fund’s rules, or whether the bank keeps the mortgage going. That is for a notary, a lawyer, a tax adviser and the bank. This page is general information. It does not replace individual legal or tax advice, and all figures are without warranty. What I contribute is a well-founded figure for the house.

For daughters and sons

Reading this for your mother or father?

Three points concern you directly. If everything is meant to go to the surviving parent, disclaiming the inheritance is the wrong route. If only the children disclaim, their own children inherit. Only if they disclaim too do the late parent’s relatives come in.⁶ The Zurich courts point instead to an internal waiver in favour of the surviving parent.⁷

If your mother or father takes over the mortgage, you remain liable towards the bank until the bank consents.³ And if you live far away, the heirs can authorise one person in writing to handle all the necessary steps.⁸ Share this page first, not an opinion already formed. That way the decision stays with the person who lives in the house.

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What else do widows and widowers ask?

Who owns the house after a spouse dies?

In Switzerland, whatever belonged to the spouse who died falls into the community of heirs, usually with the children. The house is yours alone only after the division of the estate, for example through its allocation to you against credit.

Can the children demand that the house be sold?

Any heir can, in principle, ask for the estate to be divided at any time. But you can ask for the marital home to be allocated to you, credited against your share. If it is worth more than your share, you have to find the balancing payment for the children.

Do the children have to wait until both parents have died?

No. Without a will or marriage contract, they inherit half of the estate on the first death and can, in principle, ask for the division at any time.

How large are the compulsory shares of spouse and children since 2023?

Half of the statutory share each. Alongside children, in Switzerland that is a quarter of the estate for the spouse and a quarter for the children together. The other half can be left freely by will.

Will I be left without money until everything is divided?

Heirs who were maintained in the household of the person who died can claim maintenance from the estate for one month. Your own pension and your own assets remain yours.

Do I get a widow’s pension on top of my AHV old-age pension?

No, only the higher pension is paid. Instead, there is a 20 percent supplement on your own old-age pension, up to CHF 2,520 a month in total (2026 figure). This applies equally to widows and widowers.

What applies if I have not yet reached retirement age?

Widows receive an AHV widow’s pension if they have children of any age, or if they were at least 45 and married for five years when widowed. Widowers receive it only if they have children. In 2026, with full contribution years, it is CHF 1,008 to CHF 2,016 a month.

What does a certificate of inheritance cost in Zurich, and how long does it take?

The district court fee is between CHF 100 and CHF 7,000, rarely under CHF 250, plus expenses. Even in simple cases, the courts expect around 6 to 12 weeks.

Is what I tell you treated confidentially?

Yes. No passing on to other estate agents, no listings without your instruction. Details in our privacy policy.

Sources

Swiss Civil Code, matrimonial property (Art. 181, 184, 197(1), 198(2), 200(3), 204(1), 215, 216, 219(1) and (3), SR 210), in German · as of 1 July 2026
Swiss Civil Code, inheritance law (Art. 457, 462(1), 470(1), 471, 473, 474(1), 522(1), SR 210), in German · as of 1 July 2026
Swiss Civil Code, succession and division of the estate (Art. 560, 602, 603, 604, 606, 612a, 617, 618, 634(2), 639, 640, SR 210), in German · as of 1 July 2026
Swiss Code of Obligations, joint debt and assumption of debt (Art. 143, 144, 176, SR 220), in German · as of 1 October 2026
Swiss Civil Code, usufruct and right of residence (Art. 765(1), 776, 777(2), 778(1), SR 210), in German · as of 1 July 2026
Swiss Civil Code, disclaimer, inventory and land register (Art. 457(3), 458, 566, 567, 571, 572, 574, 580, 589, 656(2), SR 210), in German · as of 1 July 2026
Zurich courts, securing the estate: disclaiming an inheritance, in German · retrieved 14.10.2026
Zurich courts, information sheet on the certificate of inheritance (sections 1, 2, 4–8), in German · undated, retrieved 14.10.2026
Land Register Ordinance (GBV), Art. 65(1)(a) (SR 211.432.1), in German · as of 1 January 2024
Canton of Zurich Tax Act (StG), §§ 163–165, 169, 216(3)(a) and (i), 219(3), 220(2), 225(3), §§ 227–233 repealed (LS 631.1), in German · supplement 132, as of 1 April 2026
Canton of Zurich Inheritance and Gift Tax Act (ESchG), § 11 (LS 632.1), in German · supplement 071
Federal Act on Old-Age and Survivors’ Insurance (AHVG), Art. 23, 24, 24b, 34ter, 35, 35bis, 36 (SR 831.10), in German · as of 1 January 2026
AHV information sheet 3.01, old-age pensions and helplessness allowances, sections 3, 21, 23, 25, in German · as of 1 January 2026
AHV information sheet 3.03, survivors’ pensions, sections 1, 3, 9, 21, in German · as of 1 January 2026
Occupational Pensions Act (BVG), Art. 19, 21(2), 22(2), 49 (SR 831.40), in German · as of 1 January 2025
Supplementary Benefits Act (ELG), Art. 9a, 10(1)(c), 11(1) and (1bis), 16a, transitional provisions to the amendment of 22 March 2019, para. 2 (SR 831.30), in German · as of 1 January 2026
Curia Vista 24.078, reform of AHV survivors’ pensions (status of deliberations), in German · retrieved 14.10.2026
Swiss Civil Code, final title, transitional law (Art. 9b, 9d, 9e, 10, 16(3), SR 210), in German · as of 1 July 2026
Zurich courts, securing the estate: public inventory, in German · retrieved 14.10.2026

General information without guarantee, not individual advice. The law, the tax assessment and advice from professionals for your situation are what count. Terms of use

The house after your spouse has died: can I stay?