(1) If the spouses are living apart or if one of them wishes to live apart, one spouse may demand that the other make available to them the matrimonial residence or part of the matrimonial residence for their sole use, to the extent that this is necessary, also taking into consideration the concerns of the other spouse, in order to avoid an inequitable hardship. An inequitable hardship may also exist if the best interests of children living in the household are adversely affected. If one spouse alone or together with a third party is entitled to the ownership of or a heritable building right or usufruct in the plot of land on which the matrimonial residence is situated, special account is to be taken of this; similar provisions apply to title to residential premises, a permanent residential right and an in-rem right of habitation running with the land.
(2) If the spouse against whom the application is directed has unlawfully and intentionally injured the body, health, liberty or sexual self-determination of the other spouse or unlawfully threatened such an injury or injury to life, then as a general rule the entire residence is to be made available for sole use. The claim to the residence being so made available is excluded only if there is no concern that further injuries and unlawful threats will ensue, unless the injured spouse cannot reasonably be required to continue living together with the other by reason of the severity of the act.
(3) If the matrimonial residence has been made available to one spouse for the latter’s use, as a whole or in part, the other spouse is to refrain from everything that is suited to render more difficult or frustrate the exercise of this right of use. The may demand payment for the use from the spouse with the right of use, insofar as this is equitable.
(4) If, after the spouses commence living apart in the meaning of section 1567 (1), a spouse moves from the matrimonial residence, and if within six months after moving out they have not notified the other spouse of a serious intention to return, it is irrebuttably presumed that they have made available the matrimonial residence to the spouse who remained in it for the latter’s sole right of use.