Separation of property
The separation of property , like the community of property, is a property regime under family law between spouses or life partners .
The separation of property results in a complete separation of the assets of both spouses or life partners, without the need to grant an equalization of profit to one of the two after the divorce . Each spouse or partner is responsible for managing his or her property and remains the owner of both the property acquired before the marriage and the property acquired during the marriage. This does not affect the right to share the common conjugal usable property (such as household effects, marital home, shared car) and the marital savings.
Austria
Unless otherwise agreed in a marriage contract , the statutory matrimonial property regime applies. (§ 1237 ABGB )
Germany
The separation of property is on the one hand a contractually agreed property regime between spouses or partners in family law (cf. § 1414 BGB ), on the other hand an extraordinary, subsidiary statutory property regime according to Sections 1388, 1414, 1449, 1470 BGB. Separation of property is carried notarized authenticated prenuptial agreement or partnership agreement § 7 agreed LPartG. The separation of property is only effective for third parties if it is entered in the property law register or is known to the third party.
The property regime of the separation of property occurs only rarely in Germany. The normal case is the community of gains , which applies according to German family law, unless the spouses have agreed otherwise.
If the spouses live in a community of gains, there is a lump-sum gain compensation by increasing the inheritance quota of the surviving spouse ( § 1371 BGB). If the spouses have agreed to separate property, this flat rate increase in inheritance does not apply. Section 1931 (4) of the German Civil Code (BGB) makes a special provision for this case. If the separation of property is agreed, it must therefore always be considered whether a death disposition should be made.
