Who owns what in a marriage in Indonesia?
In Indonesia property acquired during the marriage is joint by default, and a prenuptial agreement, which can now also be made during the marriage, can change that.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
Property acquired during the marriage is joint property. Property from before the marriage and gifts and inheritances stay personal.
When the marriage ends in divorce
The joint property is divided between the spouses, in principle equally, according to the personal-status rules that apply to them.
A marriage contract
A marriage agreement can be made before the marriage and, since a court ruling, during it. It must be made before a notary and registered.
What stays your own, and gifts
Property from before the marriage, gifts and inheritances stay personal.
If one spouse is a foreigner
Indonesia limits the ownership of land by foreigners, so a marriage agreement matters for a foreign spouse.
Understand the legal system first
Indonesia 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 Indonesia legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Indonesia? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local 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.
