Unless the spouses agreed otherwise in a marriage contract, they live in the community of accrued gains (Zugewinngemeinschaft). Despite its name, there is no joint property during the marriage: each spouse owns their own assets and is liable for their own debts. Only when the marriage ends is the increase in assets equalised.
How It Works
- Initial assets (Anfangsvermögen): each spouse's assets on the day of marriage, minus debts. Gifts and inheritances received during the marriage are added.
- Final assets (Endvermögen): each spouse's assets on the reference date, minus debts.
- Accrued gain: final assets minus initial assets.
- Equalisation: the spouse with the higher gain pays half of the difference.
Example.
| Spouse A | Spouse B | |
|---|---|---|
| Initial assets | €20,000 | €10,000 |
| Final assets | €180,000 | €50,000 |
| Accrued gain | €160,000 | €40,000 |
The difference is €120,000. Spouse A pays spouse B €60,000.
Increases in value of assets owned before the marriage, such as a flat that has risen in value, are also part of the gain, after adjusting for inflation.
What Counts
All assets count, wherever they are: real estate, bank accounts, investments, company shares, cars, life insurance with a cash value, and assets abroad. Pension entitlements are not included, because they are divided separately. See pension equalisation.
Jointly owned property, such as a house owned by both spouses, is included in each spouse's assets according to their share.
Protection Against Manipulation
Assets that a spouse gave away without good reason, wasted or transferred to harm the other spouse in the ten years before the divorce petition can be added to their final assets.
Information Rights
Each spouse can demand information about the other's assets on the day of separation and on the reference date, including documents. This is often the first step in the dispute.
Deadline
The claim becomes time-barred three years after the end of the year in which the divorce became final. It can be decided together with the divorce or separately.
Alternatives
In a marriage contract, spouses can exclude the equalisation, modify it, for example by excluding a business, or choose separation of property. See prenuptial agreements.
Points for Expats
- Applicable law. For marriages since 2019, the property regime is governed by the EU regulation on matrimonial property: usually the law of the first common residence after marriage, unless the spouses chose another law.
- Older marriages. For marriages before 2019, different rules apply, often based on nationality.
- Foreign assets. Assets abroad are included, but enforcement abroad can be difficult.
Frequently Asked Questions
Do I have to share my inheritance?
Generally not, because it is added to your initial assets. But any increase in its value during the marriage is part of the gain.
What if my spouse has debts?
Debts reduce their final assets. Negative assets are taken into account, so a spouse who paid off debts during the marriage has a gain.
Who keeps the house?
That is a separate question. The equalisation is a money claim. Spouses often agree that one keeps the house and pays the other.
