Property regime of community of accrued gains (Zugewinngemeinschaft)

Spouses, that are married under German law live under the (default) marital property regime of community of accrued gains (Zugewinngemeinschaft) if they do not agree otherwise by marriage contract. In this case, the property of the spouses before marriage does not become the common property or community property. The same applies to property that one spouse acquires after marriage. However, the gains accrued during the time of marriage (except from donations and inheritances) are equalized when the community of accrued gains ends (e.g. by death or by divorce judgment). In case of intestacy, the gains are equalized by augmenting the intestate share of the surviving spouse by ¼ of the estate.

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