Distribution of surplus

Community of accrued gains

The German legislative decided the matrimonial property scheme of the “Zugwinngemeinschaft” to be the norm, if the spouses did not decide otherwise.

Capital in a marriage

Contrary to common belief, however, the spouses do not share all assets after the wedding. It is rather the case that even after the wedding the existing assets belong only to the respective spouse and also the newly acquired assets are for the first time attributed only to the spouse who has acquired them.

Distribution of capital in a divorce

Only in the event of a divorce is there a distribution of wealth between the spouses. At the time of the divorce, the difference between the initial assets of the marriage and the final assets of the marriage is determined. The increase in assets (gain) thus determined is then divided equally between the spouses. This means that the gain of the spouses during the marriage is balanced.

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