Can he sell our business without my signature?

Can he sell our business without my signature?

"My husband, from whom I've been separated for 9 years, refuses to divorce me and I don't insist on it to preserve our good relationship. We have a business in another canton that is being sold. Can my husband sell it without my signature on the deed? I'm worried because this has already happened.

Eline, Geneva

If you have not signed a marriage contract, you and your husband are subject to the ordinary legal matrimonial regime of participation in acquests. This regime distinguishes between two categories of property: acquests on the one hand and own property on the other. According to articles 196 et seq. of the Civil Code, acquests are property acquired by each spouse for valuable consideration during the marriage, in particular the product of labour. Private property is limited to each spouse's personal effects, property that belonged to him or her before the marriage or that he or she receives free of charge, in particular by inheritance, and the use that each makes of his or her own property. Unless the business you own was financed solely with your husband's own property, it is an acquisition that will have to be divided in the event of divorce.

However, you need to determine whether this business is part of your acquests or those of your husband, as each spouse has the right to dispose of his or her acquests, including alienating them, unless they are assets protected by law, such as the family home! Otherwise, the property is presumed to belong jointly to both spouses and neither may dispose of his or her share without the other's consent.

Therefore, if your signature appears on the lease or deed of purchase of the business or building, on the equipment contracts or on any bank credit, these are all signs that the property is jointly owned and that your husband cannot sell it without your agreement. On the other hand, if your husband bought the property with his own savings and you have never been involved in the management of the business, he may be able to show that he can sell the property without consulting you, even if he will owe you half of what remains of the proceeds of the sale at the time of your divorce.