Matrimonial property law

Profit-sharing

My husband unexpectedly separated from me three months ago and has now mentioned that he wants to have separation of property. What does that mean for me?

The separation of property is an extraordinary matrimonial property regime. In this matrimonial property regime, there are no joint assets. Both spouses manage their assets separately during the marriage. The separation of property is considered a clear and simple matrimonial property regime. For this reason, the matrimonial property regime is also often referred to as "non-property regime". Also, each spouse is liable for his or her debts for his or her assets. Anyone who claims that a certain asset is his or her property must also prove this. If this proof cannot be provided, joint ownership is assumed by both of you. In contrast to the ordinary matrimonial property regime, which is joint ownership, under this matrimonial property regime each spouse retains his or her own assets upon divorce. Thus, there is no distribution as to half each of the assets which the spouses received during the marriage. The spouses therefore have no mutual claims under matrimonial property law.

Separation of property is a matrimonial property regime
Can only be chosen by means of a marriage contract or ordered/approved by the court or exist on law
Under this matrimonial property regime there are no joint assets
Consequences under inheritance law
Pension fund is not subject to mutual property distribution

Things to be checked out:

Spendthrift lifestyle of a spouse
Secure private assets
In case of over indebtedness

Woman

Assets

of the woman

Man

Assets

of the man

Participation in growth of wealth over time

If the spouses do not contract or agree on a regulation regarding the matrimonial property regime, they automatically live under the so-called ordinary matrimonial property regime of the distribution of acquired property or in the growth of wealth over time. Within this matrimonial property regime, there are four asset classes:

Woman

Earnings & asset growth

Own property

Man

Earnings & asset growth

Own property

Property inherited, acquired or earned

Assets acquired by one spouse for consideration during the marriage, in particular through earnings.

Personal property

Property that is exclusively for the personal use of a spouse and assets that already belonged to him or her at the beginning of the matrimonial property regime or that later accrued to him or her free of charge by inheritance or otherwise.

The special feature of the share in the acquired property only becomes apparent at the time of dissolution, because here the acquired property acquired by each spouse during the marriage is equalised in value.

In the event of the dissolution of the marriage, the personal property is not distributed but remains with the respective spouse. The debts are deducted from the acquisitions or growth and the balance is then distributed equally between the spouses.

This means that everything that the spouses received in returns during the marriage is distributed equally between them at the time of divorce. Everything that belonged to the spouses before the marriage or accrued to them during the marriage without consideration (reward) (a gift, or an inheritance) is not distributed upon divorce.