Who owns what in a marriage in Malta?

Property acquired during the marriage is joint by default

Malta's default is a community of acquests: what the spouses acquire during the marriage is shared, and each keeps their own earlier property.

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 acquired during the marriage is part of the community of acquests. Property from before the marriage, gifts and inheritances are personal.

When the marriage ends in divorce

The community of acquests is divided in equal shares.

A marriage contract

Spouses can choose separation of property by a public deed.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

In member states that take part in the EU Matrimonial Property Regulation, common rules decide which law governs the spouses' property. Check whether this country takes part.

Understand the legal system first

Malta belongs to the Mixed: civil and common law family. Family law grows out of the legal tradition, so it helps to know how the system works.

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

Official sources

Ministry for Justice of Malta

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.