különvagyon

Különvagyon is a category in Hungarian matrimonial property law referring to property that belongs to one spouse and is not part of the couple’s joint property. It serves to distinguish assets owned individually from those that are shared between spouses under a regime of common property.

Különvagyon can include assets acquired before the marriage, inherited property, gifts received by one spouse, and property acquired with funds that are treated as that spouse’s separate property. It may also consist of compensation or damages awarded to one spouse, as well as property obtained through the sale of such separate assets or through a will. In many cases, the specific recognition of külónvagyon depends on legal provisions and, if present, on a marriage contract or court decision.

In the event of a divorce or legal separation, külónvagyon generally remains the sole property of the owner spouse. The other spouse does not acquire ownership rights to it through the dissolution of the marriage, though there may be claims for reimbursement or equalization if the non-owning spouse contributed to the maintenance, improvement, or increase of the value of that property, depending on applicable law and court rulings. The exact treatment can be influenced by a marriage settlement or prenuptial agreement.

A marriage contract (házassági vagyonjogi szerződés) allows spouses to define or modify the boundaries between külónvagyon and közös vagyon, including how assets are acquired, managed, and divided during the marriage or upon its dissolution. This framework provides flexibility to tailor property rights to the couple’s intentions while preserving a neutral, rule-based approach.