What rights does a cohabitee have after a break-up?
What rights does a cohabitee have after a break-up?
"I'm a widow with no children. Three years ago, I started living with a farmer. When I arrived at the farm, I did all the housework with love, just as his deceased wife had done previously. When he asked me to leave, I asked him for compensation. He replied: "I've asked around, I don't owe you anything, because we don't have a contract and I didn't ask you to work so hard. You can't pay for friendship". What should I do?
Janine, Petit-Lancy
According to the Federal Court, the rules on simple partnerships can be applied to a cohabitation relationship if there is an economic community with a common fund, to which both participate through financial contributions or household work. These rules apply as long as those concerning marriage and divorce do not come into play.
Article 530 of the Swiss Code of Obligations states that a simple partnership is a contract by which two or more persons agree to combine their efforts or resources to achieve a common goal. In your case, the common goal could have been, for example, the prosperity of your union or the management of the farm.
At the time of your separation and the liquidation of the simple partnership, a distinction must be made between personal assets, contributions and profits. Personal assets are essentially items intended for personal use and remain the exclusive property of each partner. Contributions consist of assets that have been "brought into" the domestic partnership using personal assets. In principle, the person who makes a contribution does not take it back in kind, but he is entitled to the price for which his contribution was accepted by the community or to the value of the thing at the time of the contribution. If, after the reimbursement of expenses and advances made by each partner and the return of contributions, there is a surplus, this profit is divided between the partners.
In plain language, this means that if the simple partnership you set up was able to make a profit thanks to your work, you are effectively entitled to a reward, although the rules on the liquidation of the matrimonial property regime or on any maintenance contribution do not apply since you were not married. However, determining the extent of such a simple partnership and proving the amount of the profit could be laborious.
