Upon entering into marriage, spouses may choose between different matrimonial property regimes. The options include the statutory regime of community of property, the statutory regime of separation of property, and the contractual regime.

The statutory regime of community of property applies by default if the spouses do not choose another regime for their property relations. This regime also applies if the marriage is entered into between minors or persons with limited legal capacity.

The choice of a matrimonial property regime is entered in the Marriage Register at the Registry Agency, where marriage contracts are also registered.

During the marriage the matrimonial property regime may be changed. Any change to the statutory regime or the marriage contract must be noted in the civil marriage certificate and also registered with the Registry Agency. If the spouses, or one of them, enter into a transaction with a third party and no regime is entered in the register, the statutory regime of community of property applies by default.

Statutory regime of community of property

The chattels and rights acquired during the marriage through joint contribution are the joint property of both spouses, regardless of in whose name they are recorded. Both spouses have equal rights over this property, and disposal of it is carried out jointly. The matrimonial community may be terminated during the marriage if a regime of separation is chosen or a marriage contract is concluded.

Statutory regime of separation of property

Under this regime, any property acquired by the spouses during the marriage remains the personal property of the respective spouse.

Contractual regime

Spouses may regulate property matters between themselves by means of a marriage contract, which may be concluded only by adults with full legal capacity. This contract may be concluded both before and during the marriage.

The marriage contract regulates only matters relating to the property of the spouses. It may include stipulations such as:

  • How the rights over property acquired during the marriage will be allocated;
  • How the rights over property owned before the marriage will be allocated;
  • The management and disposal of the joint property, including the family home;
  • The spouses' participation in the family expenses and obligations;
  • The consequences for the property in the event of divorce;
  • Maintenance of the spouses during the marriage and upon divorce;
  • Maintenance of the children of the marriage;
  • Other property matters, provided that they do not contradict the Family Code.

It is not permitted for property owned before the marriage to become part of the matrimonial community by a stipulation in the contract.

For matters not regulated by the marriage contract, the statutory regime of community of property applies.