(2024) When does a joint property agreement apply?

In a joint property ownership, there are different types of assets: the joint assets of both partners, as well as the individual assets and reserved assets of each partner. This particular arrangement of marital property is complex and rarely agreed upon.

Without a marriage contract, joint property ownership applies. Without a marriage contract or other agreements, the legal regulations automatically apply. This includes the legal marital property regime - joint property ownership. This means: What each individual brought into the marriage remains theirs; the principle of separate ownership applies. This also means that one partner does not have to pay the debts of the other. What is added to the original assets of each spouse during the marriage is the gain. Since this can be different for each partner, it is divided in the divorce proceedings, which is the so-called equalisation of gains.

If you want to agree on a different property regime than joint property ownership, such as joint property or separation of property, this must be regulated in a marriage contract. You can also exclude certain assets from the gain, e.g. a self-employed person's business, so that they do not have to endanger their company through the equalisation of gains in the event of a divorce.