Who owns what in a marriage in Germany?

Each spouse owns what they owned before and what they acquire during the marriage. Nothing becomes joint property automatically, and each manages their own, though the family home and household goods have protections for the other spouse.

The gains each spouse made during the marriage are compared, and the spouse who gained more pays the other a share of the difference. Property is not split item by item.

A marriage contract must be signed before a notary, before or during the marriage. Spouses can choose separation of property or a community of property, or tailor the default rules.

Gifts and inheritances received during the marriage are generally not counted as gains, though their value may be taken into account in the calculation.

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.

• The equalisation is a money claim, so the spouse who is owed does not become a co-owner of the other's assets.

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

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