Property law register

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The property law register in Germany is a public register kept by the local courts within the framework of the register law , in which deviating regulations on the statutory property regime of the community of gains are entered upon request . The register can be viewed by anyone. However, unlike the land register , it does not enjoy public faith .

Entries in the property law register are important with regard to the legal effect vis-à-vis third parties ( Section 1412 of the German Civil Code (BGB)).

Form and jurisdiction

The application for entry in the property law register is usually to be submitted by both spouses in a publicly certified form ( § 1561 BGB).

The district court in whose district only one of the spouses has their habitual residence is responsible for an entry .

Family or married names (including names at birth), first names, dates of birth and place of residence of the spouses as well as the fact on which the change in the statutory matrimonial property regime is based and the date of entry are noted in the register. The married couple's job titles can also be entered.

Registrable legal relationships

The following legal relationships can be registered:

  • Change and exclusion of the statutory matrimonial property regime, marriage contracts , their change and cancellation, even if they are made by judgment ( § 1412 , § 1449 , § 1470 BGB, Art. 16 EGBGB )
  • Elimination of the restriction on the disposal of the property as a whole ( Section 1365 BGB)
  • Restriction and exclusion of the right to which the spouse is entitled according to § 1357 BGB (power of keys ), as well as the lifting of such a restriction or exclusion
  • Change in profit sharing
  • Reserved property in the community of property ; for a more detailed description of the individual items, reference can be made to the directory in the register files ( § 1418 BGB)
  • Objection to the operation of a commercial transaction with community of property and revocation of consent ( § 1431 , § 1456 BGB)
  • otherwise, according to the case law, facts that can be registered

Civil partnership

Same-sex couples who have a civil partnership under the Life Partnership Act (LPartG) also live in the statutory property regime of the community of gains . They also have the opportunity to make deviating regulations on the statutory matrimonial property regime by means of a civil partnership agreement in accordance with Section 7 LPartG. An entry in the property law register is also possible here, since according to § 7 sentence 2 LPartG the provision of § 1412 BGB is to be applied accordingly.


In Switzerland , a property law register was kept at the registry office until December 31, 1987. The legal basis was the Swiss Civil Code (ZGB) in conjunction with Ordinance 211.214.51 on the register of property rights . With the entry into force of the marriage law reform on January 1, 1988, however, there was a change in relation to the individual property registers and the property law register was repealed.