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Glossary

Participation in Acquired Property

Participation in acquired property is the ordinary marital property regime under Swiss law. It applies automatically unless the spouses have agreed on separation of property or community of property through a marriage contract (Art. 196 et seq. CC). Each spouse's assets are divided into acquired property, gained during the marriage, and individual property, such as assets brought into the marriage or inheritances. When the regime ends through death or divorce, the remaining surplus of acquired property, known as the Vorschlag, is in principle shared equally between the spouses.

At a glance

01

Participation in acquired property applies automatically without a marriage contract (Art. 196 et seq. CC).

02

Assets are divided into acquired property (gained during marriage) and individual property (brought in or inherited).

03

On dissolution through death or divorce, the surplus is in principle shared equally, unless a marriage contract provides otherwise.

Frequently asked questions

Without a marriage contract, participation in acquired property applies automatically as the ordinary regime (Art. 196 et seq. CC). Each spouse manages their own assets; division only occurs when the marriage ends through death or divorce.
Assets are split into acquired property and individual property. Individual property stays with each spouse, while the surplus of acquired property, the Vorschlag, is in principle divided equally between the spouses.

Sources: Systematische Rechtssammlung (fedlex), ZGB SR 210 · Gerichte des Kantons Zürich, Errungenschaftsbeteiligung