property regimes

In law, a matrimonial property regime refers to the property rights between spouses or registered partners. It determines how the assets of the partners are managed during the marriage or partnership and what happens to the assets in the event of divorce or death.

In Germany, there are three statutory property regimes:

  1. Community of accrued gains (the legal norm)
    • Each spouse retains their own assets.
    • In the event of divorce, the gain achieved during the marriage (difference between initial and final assets) is equalized.
  2. Separation of property (can be agreed by marriage contract)
    • Each spouse manages their assets separately.
    • In the event of divorce, there is no equalization of accrued gains.
  3. Community of property (rare, can be agreed by marriage contract)
    • The assets of both spouses become a joint estate.
    • In principle, everyone has the same rights to the joint assets.

Other countries have additional statutory property regimes:

  1. Community of achievement
    • The assets of the spouses are divided into two categories:
      Personal property: This includes personal belongings, inheritances, gifts and assets that one spouse already owned before the marriage.
      Achievement: Everything that is earned during the marriage, e.g. income from work, income from property and other gains.
    • Each spouse manages their own property and acquisitions.
    • In the event of dissolution of the marriage, the separate property remains with the respective spouse. The acquired property is divided equally between the partners.
  2. Participation in profits
    • Each spouse manages their assets separately.
    • When a marriage ends, the surplus acquired during the marriage (difference between the initial and final assets) is equalized.

With the help of this map, you can find out which matrimonial property regime applies in your desired country. Please click on your desired country to get more information.