Modified joint property is a combination of the matrimonial property regime of joint property and separation of property. Within the framework of the so-called modified community of gains, it is possible to completely exclude the compensation for gains – in the event of divorce – or to modify it in such a way that it is limited to private assets only. The non-entrepreneur – spouse should then be protected in another way.
In the event of inheritance, however, the surviving non-entrepreneurial spouse can be entitled to the increased share of the inheritance (including the company) and the claim to compensation for capital gains, which is exempt from inheritance tax.
The agreement of the modified joint profit-sharing arrangement must be notarised in the form of a marriage contract.
We rightly talk about these topics in our Round Table meetings. The Round Table is an action of Herfurth & Partner and serves to clarify and secure wishes and decisions in the family in connection with assets, provision and succession.
The next dates can be found in the Round Table section (welcome homepage).