Who owns what in a marriage in Germany?
Germany's default regime keeps each spouse's property separate during the marriage but equalises the gains made during it when the marriage ends.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Each spouse owns what they owned before and what they acquire during the marriage. Nothing becomes joint property automatically, and each manages their own, though the family home and household goods have protections for the other spouse.
When the marriage ends in divorce
The gains each spouse made during the marriage are compared, and the spouse who gained more pays the other a share of the difference. Property is not split item by item.
A marriage contract
A marriage contract must be signed before a notary, before or during the marriage. Spouses can choose separation of property or a community of property, or tailor the default rules.
What stays your own, and gifts
Gifts and inheritances received during the marriage are generally not counted as gains, though their value may be taken into account in the calculation.
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.
What to watch for
- The equalisation is a money claim, so the spouse who is owed does not become a co-owner of the other's assets.
Understand the legal system first
Germany 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 Germany legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Germany? →
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.

