Matrimonial property regime (Güterstand)

The matrimonial property regime (Güsterstand) is a set of mandatory and default rules which apply automatically to all couples married under German law or who have elected German las in a marriage contract. The regime outlines their minimum duties and rights in respect of the managing of assets and the administration of their estate. In default of an election of the property regime, the rules of the property regime of community of accrued gains (Zugewinngemeinschaft) apply. By concluding a marriage contract, the spouses may elect the property regime of separation of property (Gütertrennung) or the property regime of community property (Gütergemeinschaft) and modify the statutory provisions of all 3 property regimes.