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Who owns what in a marriage in Germany?

Separate ownership during the marriage, with the gains shared at the end

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.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

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

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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.