Register of property rights Entry
If you have concluded a marriage contract, you can have the chosen matrimonial property regime entered in the matrimonial property register.
Description
You can cancel or change the statutory matrimonial property regime of community of accrued gains by means of a marriage contract. To do this, please seek advice from a notary. The notary must notarize your marriage contract in the simultaneous presence of both spouses. You can have the agreed matrimonial property regime of separation of property or community of property or its annulment entered in the matrimonial property register. You can also restrict or exclude your spouse's entitlement to enter into transactions on your behalf. The application must be made by you and your spouse in notarized form. The registration is necessary so that others can take note of your matrimonial property regime and the arrangements made.
Competent office
- locally competent district court in whose district one of the spouses has his or her habitual residence
Contact point
Please contact a notary public.
Contact person
Required documents
- notarized marriage contract
- notarized application of both spouses
- marriage certificate
Forms
None
Prerequisites
You have concluded a marriage contract with a notary because you wish to cancel or change the statutory matrimonial property regime of community of accrued gains. Your chosen matrimonial property regime can be registered if you
- apply for registration in notarized form at the matrimonial property register and
- submit the notarized marriage contract.
Basis for legal action
Procedure
If you would like to conclude a marriage contract, please contact a notary.
- A marriage contract allows you to cancel or change the statutory matrimonial property regime of community of accrued gains.
- The notary must notarize your marriage contract.
- You can have the agreed matrimonial property regimes of separation of property and community of property or their annulment entered in the matrimonial property register.
- You can also restrict or exclude your spouse's entitlement to enter into transactions on your behalf.
- The application must be made by you and your spouse in notarized form
- The entry is necessary so that others can take note of your matrimonial property regime and the arrangements made.
Deadlines
None
Processing time
Once the application has been received by the competent local court, a processing time of approx. 2 weeks can generally be expected.
Costs
- Notary fees: The costs for the notarization of the marriage contract and the registration by a notary are determined by the current assets of both spouses
- Court fees: Fee for entry in the matrimonial property register: fee of €100 (No. 13200 KV GNotKG)
- Costs for the publication of the entry in the newspaper
Area of validity
Hesse
Official approval
Officially approved by Hessian Ministry of Finance on 22.06.2021
Keywords
Änderung, Ehevertrag, gesetzlicher Güterstand, Gütergemeinschaft, Zugewinngemeinschaft, Aufhebung, Gütertrennung