How is property distributed in the event of a divorce in your country?

20 comments

1. I think it’s 50/50 but I honestly have zero clue. Safest not to get married😂

2. generally, 50/50 of the staff that the family gained after marriage. While the property that spouses had before the marriage stays with them from what i know.

3. When you get married you have to choose to marry on shared property regime or separated property regime. In separated property what’s yours is yours forevers so there is no distribution after a divorce. In shared property, money/goods acquired *after marriage* are split evenly with some exceptions such as inheritance.

4. One of the Balkan countries here. Everything that was obtained (purchased) during marriage (wealth, real estate, cars, etc.) is split in half, unless one of the spouses had a much more higher salary which means they contributed more.

   Also, if for example one of the spouses inherited a house from their parents, then the house is not split in case of divorce.

5. Depends on the property agreement you made before marriage.

   In Portugal there’s the following options afaik (I may be wrong, so correct me if I am):

   -Separated: You keep to yourself what you bought before and after the marriage, spouse has no or limited rights to your property.

   -Joint after marriage: Property before marriage is yours only, property bought after marriage is split in the case of divorce. If you don’t choose a specific agreement before marriage, the law will apply this one by default.

   -Fully joint: Spouse is entitled to split any of your property bought before and after marriage.

6. You can always sign prenuptial agreement so after the divorce you don’t need to share anything.

   If not – typically it’s 50/50 but divorces are bloodbaths, especially when there’re children involved. People are literally showing evidence of how much they contributed, which TV they bought and what bills they paid. At the and of the day it doesn’t matter so much though, you’re equally entitled to their half and basically the only time the court says otherwise it just to make sure the main carer of kids will get more, if it’s necessary.

   If the couple is selling the house after their divorce, it’s not uncommon to share it like 60/40 or 70/30 if one of them have to buy a bigger apartament for kids.

7. Spouses share 50/50 everything they earned during their marriage but inheritenced is not shared and belongs to the one who got it, alongside intellectual work and works of art that one of spouses created. What you have owned before marriage is no subject of division.

8. Finland has principle of 50/50, but there can be lot of reasons to deviate from this. Prenuptial agreement or not? Also that agreement can be written in any way: neither spouse has any rights to other’s assets, or certain ones (house, summer house, shares, boat, money) are included or excluded, or even certain percentage is out or in.

   Was the marriage of super short duration? Then maybe no right to get anything from other spouse’s assets, even if there’s no prenup.

   Was the marriage super long? Other way around, meaning that even if there is a prenuptial agreement, it can be overlooked totally or partly, because it would be unreasonable that the other spouse gets nothing after a very long marriage, where both spouses have maybe contributed to common property, even when the other party seems to be the sole owner.

   https://e-justice.europa.eu/45/EN/divorce_and_legal_separation?FINLAND

9. There are 3 basic options for marriages in Germany.
   If nothing special is agreed, then the so-called “community of gains applies/Zugewinngemeinschaft”. In this case, the property of the partners remains separate during the marriage, but a settlement is made if the marriage is divorced. The economically stronger partner must pay compensation to the weaker partner for the assets acquired during the marriage.

   In the case of “separation of property/Gütertrennung”, the assets of the two partners are separated and there is no equalisation in the case of divorce.

   Then there is “community of property/Gütergemeinschaft”, which used to be very common in Germany, but is rare today. In this case, both assets were combined, and in the case of divorce, an agreement had to be reached or the courts decided on the division.

10. Actually, looking at the answers, it seems like most countries do this the same way.

    Everything aquired after getting married is spilt 50/50 with the exception of inheritance.

    Are there any countries that deviate from this?

11. My understanding is, you retain the asset value that you had brought into the marriage, plus “an equitable division” of the marital assets.

12. When I divorced it was 50/50 but we made some specific changes like who got which of our cars etc. it was even handed

13. It is 50/50. But the problem is alimony without end date. So, you can be married for a year then get alimony until you die (mostly favoured towards woman). The best scenario for man to not pay alimony(receiving is almost impossible). But before 2002, you would get divided by ownership of the property. For example, you get married before 2002, you can’t claim any property of your husband’s or wife’s name. Similar to prenuptial agreement.

14. Prenups does the work. Here (Scandinavia) it’s not seen as a problem or weakness in the relationship if you get one. It’s just a mutual respect for the partners’ interests and acceptence of the fact that most marriages fail. If you choose not to get one it’s 50/50.

15. Ireland has a 50:50 principle for smaller assets, but for some larger ones that may be deviated from, somewhat at least, based on how much the parties contributed to them and all sorts of factors that might be considered. Also child support issues and protection of the family home will come into a lot of that in most divorces.

    In an amicable divorce by consent and agreement, where it’s based on a mediated (usually between two lawyers) settlement, then that’s usually followed by the court unless a party disputes it or it’s obviously unfair.

    Prenups aren’t really recognised here. They might be looked at in consideration of matters, but they’re not legally binding upon the courts.

16. The person who “best needs” the marital home will get that property. But the value of that is then offset by giving the other spouse a larger share of the other joint property or, in case where that isn’t enough to cover the value, they’ll have to pay the difference.

17. Depends on the contract.

    You have 3 choices + you can make one yourself, but to cover the 3.

    Normal one = everything you own before the marriage is yours, anything gained during it goes in the mutual pot except for gifts and inheritence. So the rent you get from the place your wife inherited is hers. Not mutual.

    Seperation: everything stays seperate. Useful for people who are self employed. Businesses can’t touch your wife’s earnings.

    Mutual: Mostly done be older people. Everything becomes mutual.

    A few other things to take note on. If you are irresponsible with money your partner can through a judge be set free from the financial responsibility from your decisions. You can’t just take a home away from your wife and leave her with nowhere to live. etc.

    Plenty of other fail saves(spelling?)

    Honestly, looking here it seems all rather homogeonous.

18. The total property of both partners is added up and distributed equally 50/50. Money is not included as far as i understand.

    This being if no prenuptial agreement exists.

19. The default rule in Germany is *Zugewinngemeinschaft* and it means only the wealth accumulated during the marriage is split in half. Whatever you have at the beginning of marriage is yours and stays yours. Also, inheritance is yours and stays yours, regardless if married or not.

20. All marital assets earned and purchased during marriage are considered comingled. In case of divorce it’s split evenly.

    This does not include: assets gained before marriage, gifts and inheritance.

    You can get prenup to adjust, but this is the default.