Community of gains as the statutory matrimonial property regime

Community of gains – Unless otherwise agreed in a marriage contract, spouses or registered partners live in a community of gains. In this case, the assets of the spouses are separated during the marriage, however, these are combined and divided fairly upon divorce if an equalisation of gains is required. The community of accrued gains can be modified by a notarised marriage contract and is dissolved in the event of divorce.

Community of gains at a glance: Subtype of the separation of property

• Spouses and registered partners live in a community of accrued gains
• The assets of the spouses are separated during the marriage, but are combined and divided equitably during the equalization of gains.
• Dissolves in the event of divorce
• The community of accrued gains can be modified by means of a notarised marriage contract.

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