Who owns what in a marriage in Austria?

Each spouse keeps their own property; a court may divide it on divorce

In Austria each spouse owns their own property during the marriage, and on divorce a court divides the assets acquired and the savings made during the marriage fairly.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Property is separate during the marriage. Each spouse owns and manages what they own.

When the marriage ends in divorce

The marital assets, meaning what was acquired and saved during the marriage, and the family home, are divided in a fair way, which is usually close to equal but depends on contributions. Property from before and gifts and inheritances are generally left out.

A marriage contract

Spouses can make a marriage contract, which must be a notarial deed, to regulate their property.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances are generally left out of the division.

If one spouse is a foreigner

In member states that take part in the EU Matrimonial Property Regulation, the law that governs the spouses' property is set by common rules, and spouses may choose from a short list of laws in a written agreement. Check whether the country takes part.

Understand the legal system first

Austria belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Austria legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Austria? →

Official sources

European e-Justice Portal: matrimonial property regimes in the EU

TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.