Participation in acquired property
The statutory marital regime of participation in acquired property always applies, unless the spouses have agreed on a different regime by prenuptial agreement, i.e. one of separation of property or of community of property, or separation of property is required by statute or court order.
In participation in acquired property, a distinction is made between four different types of property, with each of the husband and wife being entitled to one share of individual property and one share of acquired property. A spouse’s individual property includes, in particular, those objects and assets that belonged to him or her prior to the marriage or that he or she acquired during the marriage through inheritance, gift, etc. On the other hand, a spouse’s acquired property consists of those assets that were able to be saved up as a result of his or her employment. These also include any benefits paid by social security or welfare institutions. Acquired property also consists of earnings from acquired property (e.g. interest income) and property acquired to replace acquired property.
By concluding a prenuptial agreement, the statutory arrangement governing the statutory marital regime of participation in acquired property can be modified in certain areas (e.g. allocation of certain assets and income from individual property to the other spouse’s individual property).
The statutory marital regime of participation in acquired property is dealt with in Arts. 196 et seq. of the Civil Code (Zivilgesetzbuch, ZGB).