Hamburg District Court
Property Registry Entry

If you have concluded a marriage contract, you can have the chosen matrimonial property regime entered in the matrimonial property register.

Detailed description

You can cancel or change the statutory property regime of community of accrued gains through a marriage contract. Please seek advice from a notary for this. The notary must notarize your marriage contract in the presence of both spouses. You can have the agreed property regimes of separation of property or community of property or their cancellation entered in the property law register. You can also restrict or exclude your spouse's right to conduct business on your behalf. The application must be submitted by you and your spouse in notarized form. The entry is necessary so that others observe your property regime and the arrangements made.

Information

Important notes

Prerequisites

You have concluded a marriage contract with a notary because you want to cancel or change the statutory property regime of the community of accrued gains. Your chosen property regime can be registered if you apply for the registration in notarized form at the property law register and submit the notarized marriage contract.

Documents required

Please note

The Matrimonial Property Register was abolished by the Act Abolishing the Matrimonial Property Register and Amending the COVID-19 Insolvency Suspension Act of October 31, 2022, with effect from January 1, 2023.

No more entries can be made in the property registry.

Anyone is permitted to inspect the register until December 31, 2037. A copy of the entries can be requested (Article 229, Section 64 of the Introductory Act to the Civil Code).

The contact person is the office of Department 69 of the Hamburg District Court (Caffamacherreihe 20, 20354 Hamburg)

Deadlines

Procedure & Fees

Procedure

If you would like to conclude a marriage contract, please contact a notary.

Through a marriage contract, you can cancel or change the statutory property regime of the community of accrued gains.

The notary must certify your marriage contract.

You can have the agreed property regimes of separation of property and community of property or their annulment entered in the property law register.

Furthermore, you can limit or exclude your spouse's authority to conduct business on your behalf.

The application must be submitted by you and your spouse in notarized form

The registration is necessary so that others take note of your property status and the arrangements made.

Processing time

Once the application has been received by the responsible district court, it will generally take approximately two weeks for processing.

Fees

Notary fees: The costs for the notarization of the marriage contract and the registration by a notary are determined according to the current assets of both spouses ( Section 100 of the Court and Notary Fees Act (GNotKG))

Court fees: Fee for entry in the property rights register: fee of €100 ( No. 13200 KV GNotKG ). Costs for publication of the entry in the newspaper.

Legal notes

Legal remedies

An appeal may be lodged against the rejection of a fact that cannot be registered in the matrimonial property register (Section 382 FamFG).

Legal basis

§ 1412 German Civil Code (BGB)

Section 1357 paragraph 2 German Civil Code (BGB)

§ 382 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

Address and contact information