Question juridique clé
Whether, under Art. 145 ZGB, a spouse may be prohibited from living in the same house as the other spouse when separation is ordered.
Solution extraite
Yes, but only where there is a risk that the circumstances will be abused and the measure is necessary to secure genuine separation and protect rights.
Motifs extraits
The court held that the measure judge is generally free to choose the steps needed to ensure separate living, but personal liberty may not be restricted unnecessarily. A prohibition on living in the same house is exceptional and is justified only if one spouse would otherwise misuse the situation, for example to harass the other or effectively frustrate separation.