Güterstand

Güterstand is a term used in German-speaking civil law to describe the system governing property relations between spouses during marriage and after its dissolution. It specifies which assets and debts belong to each spouse, how gains and losses are treated, and how property is divided in case of divorce or death. The concept is typically implemented through one of several regimes and can be altered by an agreement between the spouses, usually in a formally notarized marriage contract or similar instrument.

The main forms of Güterstand are typically distinguished as follows:

- Zugewinngemeinschaft (accrual of gains): This is a common regime in many jurisdictions. Each spouse retains ownership of property brought into the marriage, and increases in net worth during the marriage are shared through a balancing mechanism at dissolution, known as the Zugewinnausgleich. Debts and assets acquired during the marriage are treated within the framework of this regime.

- Gütertrennung (separation of property): Each spouse maintains independent ownership of their assets and liabilities. There is no automatic sharing of gains on dissolution, beyond any contractual arrangements.

- Gütergemeinschaft (community of property): Most or all assets and often liabilities are pooled into a joint property regime. Management and disposition typically require cooperation or joint consent, and dissolution involves division of the community property according to the applicable rules.

The Güterstand can be selected or changed before or during marriage via a contract, and such arrangements usually require formal notarization or registration. How the regime operates also interacts with other areas of law, including estate and inheritance rules, and can influence spousal rights on death or divorce.