In the course of a marriage, assets can accumulate – company shares, real estate, share deposits, works of art, cash assets. These can belong to both spouses together or to one spouse alone. As long as the couple is happy, the ownership situation is less important. Only in the event of separation and in the absence of a marriage contract does the property become the subject of dispute no. 1.Contrary to popular belief, there is no fundamental entitlement of one spouse to equal participation in the assets of the other spouse.
- Profit sharing,
- Separation of goods and
- Community of property
The statutory matrimonial property regime is the matrimonial property regime of the community of gain (§§ 1363 ff. BGB). The basic idea behind this type of matrimonial property regime is that during the course of the marriage the spouses generate assets in the acquisition of which they have an equal share. This matrimonial property regime originated at a time when the wife was retiring from her job after the marriage, looked after the household and brought up the children together, while the husband earned his living. Household management and child care were thus put on an equal footing with professional activity. With the divorce, all assets that the spouses earned together during the marriage were then divided. The person who has accumulated more assets – the period from marriage to the end of the marriage – must transfer half of his or her surplus assets to the spouse who has accumulated less assets. Within the scope of divorce, the so-called gain compensation is carried out for this purpose upon application.Separation of property and community of property are so-called optional property rights and must be expressly agreed and notarised in a marriage contract.