Separation of property or community of accrued gains (Zugewinn) is a decision many couples make only shortly before the wedding, although it shapes their finances for decades. Marriage automatically creates a matrimonial property regime in Germany, and that regime determines what happens to the assets built up during the marriage in the event of divorce or the death of a spouse. This guide explains the statutory regime, separation of property and the role of a prenuptial agreement.
Short answer: Without a prenuptial agreement, the statutory regime of community of accrued gains (Zugewinngemeinschaft) applies. Each spouse remains the owner of their assets, and the gains made during the marriage are balanced when it ends. Separation of property (Gütertrennung) only comes into being through a prenuptial agreement, which must be notarised with both partners present at the same time. Whether that makes sense depends on wealth differences, businesses and property. Last updated: November 2026.
The most important points at a glance
- Without a prenuptial agreement, the community of accrued gains applies. It is the statutory regime and starts with the marriage.
- Under this regime, assets are not pooled, but the gains made during the marriage are balanced when the marriage ends.
- Separation of property requires a prenuptial agreement, which must be notarised in the presence of both partners at the same time.
- If one spouse dies, their statutory share of the estate increases by a flat quarter under the community of accrued gains, regardless of whether any gain actually arose.
- A prenuptial agreement can regulate assets, businesses and property in detail. It is not necessary in every case.
What applies without a prenuptial agreement?
Without a different agreement, spouses in Germany live under the statutory regime of community of accrued gains. Section 1363 of the German Civil Code (BGB) provides that spouses live under this regime unless they agree otherwise by prenuptial agreement. No registration or signature is needed for this. The regime takes effect with the marriage and applies to every marriage that has not been regulated differently.
The community of accrued gains keeps assets separate during the marriage without pooling them. What a partner acquires before or during the marriage does not become joint property, even if both use a shared account in daily life. The gains the spouses make during the marriage are only balanced once the regime ends, either through divorce or through the death of one spouse.
Accrued gain (Zugewinn) means the difference between the assets at the end of the marriage and the assets at the time of marriage. A spouse who had little at the wedding and owns much at the end generally owes the other partner a balancing payment, calculated from the difference between both gains. This is the core of the balancing of accrued gains, and for many couples it is the real reason to look at the regime at all.
How does separation of property work?
Separation of property means that both partners keep their assets apart during the marriage and also at its end, without any balancing of gains. It does not arise automatically. The spouses must agree on it in a prenuptial agreement, and that agreement is only valid if it is notarised in the simultaneous presence of both parties (section 1410 BGB).
| Feature | Community of accrued gains | Separation of property |
|---|---|---|
| How it arises | Automatically with the marriage | Only through a prenuptial agreement |
| Form | No special form | Notarial certification |
| Assets during the marriage | Kept apart, but gains are balanced later | Kept apart, no balancing takes place |
| Divorce | Balancing of gains under the statutory rules | No balancing of gains |
| Death of a spouse | Statutory share rises by a quarter (section 1371 BGB) | No flat increase under section 1371, inheritance follows the other rules |
The table shows the difference in structure. The practical question is more important, though: who builds up how much wealth during the marriage, and who needs protection if it ends? For inheritance in particular, a close look is worthwhile before you decide.
How does the balancing of gains work in a calculation?
Balancing of accrued gains follows a logic that is easy to follow, even if the details in an individual case can be demanding. A simplified example shows the basic idea.
Assumption: Anna brings 10,000 euros of assets into the marriage at the wedding, while Ben has nothing at that point. At divorce Anna has 60,000 euros and Ben has 5,000 euros. Debts, gifts and inheritances are left out of this example.
Anna therefore has a gain of 50,000 euros, and Ben a gain of 5,000 euros. The difference is 45,000 euros. Half of it, that is 22,500 euros, is Ben’s claim to a balancing payment. The example is deliberately schematic. In practice, reference dates, liabilities and exceptions are checked carefully.
The example also shows why separation of property can be a risk for the economically weaker partner. Under separation of property, Ben would have no claim to a balancing payment in this case, even though he built up less wealth during the marriage.
Which regime suits which couple?
There is no general recommendation. The community of accrued gains protects the partner who steps back professionally during the marriage, for example for childcare or a move for the other partner’s career. Separation of property can instead make sense if one partner runs a business, carries a significant liability risk or enters the marriage with much greater assets.
- The community of accrued gains tends to suit couples who run their finances together and want to build up joint wealth during the marriage.
- Separation of property tends to suit self-employed people with liability risks or couples with very unequal assets.
- Both models have drawbacks: separation of property can disadvantage the economically weaker partner, while the community of accrued gains can burden an entrepreneur with high balancing claims.
What couples often overlook
When thinking about the matrimonial property regime, many couples first think of savings. Business shareholdings, inherited property, securities, life insurance policies and debts also matter. Inheritances and gifts are treated separately when gains are calculated, so it is worth documenting them from the start. What counts are the values at the reference date, not the impression you have of your shared wealth in everyday life.
Frequently asked questions
Can I change the matrimonial property regime after the wedding?
Yes, spouses can change the regime during the marriage through a prenuptial agreement. The same formal requirement applies: the agreement must be notarised. Before making a change, check which tax or inheritance consequences it could have.
Do I have to sign anything for the gains to be balanced?
No. The community of accrued gains applies without a contract. A prenuptial agreement is only needed if you want something different, such as separation of property or a different rule for certain assets.
What does a prenuptial agreement cost?
Notary fees depend on the value of the transaction, which the notary determines under the German Court and Notary Fees Act (GNotKG). A fixed sum cannot therefore be stated in general. Ask for a cost estimate before the appointment so that you can weigh the effort against the benefit.
Is maintenance unaffected under separation of property?
Under separation of property, the balancing of gains falls away, but other consequences of a separation remain unaffected. Maintenance claims follow their own statutory rules and should not be confused with the matrimonial property regime. Which costs can arise in a divorce is explained in our guide on divorce costs (in German).
Does the regime also matter when a spouse dies?
Yes, the regime also applies when a spouse dies. If you live in the community of accrued gains, the statutory share of the surviving spouse increases by a quarter of the estate, regardless of whether any gain actually arose (section 1371 subsection 1 BGB). Under separation of property this increase does not apply, and the share follows the other rules of statutory inheritance. A will or an inheritance contract can clarify the position.
What you can do now
- List your assets before you marry. This includes accounts, securities, property, business interests and debts.
- Talk openly about who steps back professionally or in the family during the marriage and how you want to protect that.
- Get advice from a notary or a lawyer specialising in family law before you draft a prenuptial agreement.
Related reading
- Family, partnership and money: the overview for young adults
- Joint tax assessment for married couples: why its abolition is being discussed
- Divorce costs: what proceedings cost and who pays
- Calculating child maintenance: what parents pay after separation
- Registering a move when moving in together: main residence and deadlines
Sources: Section 1363 BGB, community of accrued gains (text, accessed November 2026), Section 1371 BGB, balancing of gains on death (accessed November 2026), Section 1410 BGB, form of the prenuptial agreement (text in force since 1 January 2002).
Last updated: November 2026. This guide is general information, not individual advice.
