Who owns what in a marriage in Austria?
In Austria each spouse owns their own property during the marriage, and on divorce a court divides the assets acquired and the savings made during the marriage fairly.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Property is separate during the marriage. Each spouse owns and manages what they own.
When the marriage ends in divorce
The marital assets, meaning what was acquired and saved during the marriage, and the family home, are divided in a fair way, which is usually close to equal but depends on contributions. Property from before and gifts and inheritances are generally left out.
A marriage contract
Spouses can make a marriage contract, which must be a notarial deed, to regulate their property.
What stays your own, and gifts
Property from before the marriage, gifts and inheritances are generally left out of the division.
If one spouse is a foreigner
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.
Understand the legal system first
Austria 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 Austria legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Austria? →
Official sources
Take it further
Inheritance, marriage, children, property and arrest rules in one PDF, with questions for a lawyer.
Set the property rules before the marriage, in your own terms.
For couples who live together without marrying.
Marriage, divorce, custody and support, step by step.
Divide property and settle the terms in writing.
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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.
