Do both married couples have to sign the lease?

Together or alone? Analysis and facts

The landlord's wish: Double security

Why do landlords almost always insist that both partners sign the lease ? The reason is simple: joint and several liability. If both partners sign the lease , they become jointly and severally liable. This means the landlord can demand the entire rent from either of them. If the husband doesn't pay, the wife has to step in – and vice versa.

If only one partner were to sign the lease , the landlord would theoretically only have access to that partner's assets (with the exception of legal liability for the family home, more on that later). Since two incomes are more secure than one, it's common practice for property management companies to require both spouses to sign the lease . If you really want the apartment, you'll often have no choice but to sign the lease together .

The special status of the “family home”

A key concept in Swiss marriage law is the "family home." As soon as a married couple (or registered partners) lives together in a home, it enjoys special protection (Art. 169 of the Swiss Civil Code). The interesting thing about this is that this protection applies regardless of whether both sign the lease or only one.

Even if you were the only one to sign the lease and your partner isn't named, you can't terminate the tenancy without their consent. The law aims to prevent one spouse from unilaterally evicting the other. Even if you signed the lease alone , the landlord can't terminate your tenancy without also serving a separate notice of termination to your partner. Therefore, the decision of whether or not both of you sign the lease has less of an impact on tenant protection than many people assume.

Liability: Who pays if only one person signs?

This is where things get legally complicated.

• Scenario A (Both sign the lease): Both are fully and jointly liable for all debts (rent, utilities, damages).
• Scenario B (Only one person signs the lease): Generally, the signatory is liable. However, since it is the family home, spouses are jointly and severally liable for "family needs" according to marriage law. The rent heard in addition .

This means that even if your partner refuses to sign the lease , they can still be held liable for the rent if you live there together. However, enforcement is easier for the landlord if both of you explicitly sign the lease . That's why professionals insist that both of you sign the lease .

Separation and divorce: The pitfalls of the signature

The decision to jointly sign a lease is usually made during a time of great harmony. However, it becomes relevant in times of crisis. If both parties were required to sign the lease , then only both can terminate it together. If one moves out, they remain bound by the contract. They continue to be liable for the rent even though they no longer live there. To be released from this liability, the consent of three parties is required: the departing tenant, the remaining tenant, and the landlord. If, on the other hand, only one party had to sign the lease (the one keeping the apartment), the other's departure would be legally simpler. Therefore, anyone planning to sign a lease together is also financially bound to each other in the event of a separation.

Cohabitation vs. Marriage: An Important Difference

The protective regulations for the family home do not apply to unmarried couples (cohabiting couples). In this case, the question of who should sign the lease is crucial.

• If only one person signs the lease , the other has no legal rights. Legally speaking, they are merely a guest or subtenant and can be evicted at any time.
• Therefore, unmarried couples should absolutely sign the lease together to have equal rights to the apartment. This pressure is less for married couples, as the law protects them even if they don't both sign the lease .

Strategic considerations for immigrants (expats)

Many expats come to Switzerland while their partner is still abroad or has no income. Often, the landlord asks: "Should your partner also sign the lease ?" If the partner has no income in Switzerland, their signature offers the landlord little financial security. Nevertheless, landlords often require both parties to sign the lease as a matter of principle . Be aware: If both sign the lease , the partner immediately becomes liable for taxes and legal matters in Switzerland. Sometimes it can be strategically wiser for only the primary earner to sign the lease initially , provided the landlord agrees.

The death of a partner

A somber but important issue. If both spouses were required to sign the lease and one dies, the lease continues with the surviving spouse remaining solely liable. If only the deceased spouse was required to sign the lease , the surviving spouse automatically assumes the contract (Art. 266i of the Swiss Code of Obligations), but retains an extraordinary right of termination. Therefore, the question of who was originally authorized to sign the lease directly impacts the flexibility available in the event of death.

Practical tip: The power of the landlord

At the end of the day, the question "Do we have to?" is often theoretical. In a market with near-zero vacancy rates, the landlord dictates the rules. If the management company says, "Both of you have to sign the lease , otherwise no apartment," then the discussion is over. You can try to negotiate to sign only the lease (e.g., due to excellent credit), but success is rare. Be prepared to have to sign the lease together to secure the apartment.

Conclusion

Legally, there is no requirement for both spouses to sign the lease . The legal protections of the family home apply even without a second signature. However, in practice, it is standard practice for landlords to require both partners to sign the lease to ensure joint and several liability.

If you have the choice, weigh the options: Signing the lease jointly means equality, but also mutual liability, even after a separation. Should only one of you sign the lease ? This offers more flexibility when moving out, but less security for the partner who didn't sign (although marriage law provides significant protection in this regard). In practice, you will usually both have to sign the lease – be aware of the implications of this signature.

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Glossary

• Signing the lease: The formal act of concluding the contract. Signing several People , arise complex Liability relationships .
• Family apartment: The apartment in which a married couple lives. It enjoys special protection against eviction, regardless of who had to sign the lease .
• Joint and several liability: If both partners sign the lease , each is liable for the entire rent. The landlord can choose who he asks to pay .
• Protection against termination of tenancy: The regulation that one spouse may not terminate the tenancy without the consent of the other, even if he or she signed the lease alone .
• Change of parties: The process of transferring a lease agreement to one partner after a divorce. This is often complicated if both partners were originally required to sign the lease .