Matrimonial property and inheritance

Two decisions shape a lifetime: the property regime chosen on the wedding day, and the will most people never write.

Illustration: Matrimonial property and inheritance

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Posts spotted on 28 October 2026 about this topic, from official sources, media or recognised figures. They reflect their authors' views.

Video · LinkedIn

What typically happens to the family home in a divorce

— A law firm outlines how the family home is generally treated as shared property in some western Canadian provinces, whatever name is on the title, and mentions a buyout as one possible option.

LinkedIn · Stringam Law

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Three basic property models

Under community of property, what is acquired during the marriage belongs to both and is divided on dissolution. Under a deferred community or accrual system, the estates stay separate and only the growth is equalised. Under separation of property, each keeps what is in their name. Which one applies by default varies between countries — and it is that default, not the spouses' sense of fairness, that governs the division later.

A couple sorts their papers into three piles on the dining table
At the dining table, a couple sort statements and receipts into three piles, one in front of each of them and one in the middle. Behind the variety of names, property regimes come down to three logics, among them separation of property, where each keeps what they acquire, and community, where what is acquired during the marriage is shared equally.

The family home is treated separately almost everywhere

Whatever the regime, most systems protect the home: it cannot be sold or the tenancy ended without the other spouse's agreement, and on separation courts decide occupation on their own criteria, usually following the children. Looking only at whose name is on the title consistently underestimates these rules.

Inheritance: forced heirship or freedom of disposition

This is the second great dividing line. One group of countries protects close relatives through reserved shares that the deceased cannot give away; a will that ignores them will be challenged and reduced. The other grants broad testamentary freedom and corrects only through maintenance claims by dependants. Anyone with assets in more than one country has to keep both systems in view at once.

Unmarried partners do not inherit

A couple in their thirties listen to a notary explain a contract in a bright office

That is the rule almost everywhere, regardless of how long the relationship lasted. Without a will, the estate passes to the deceased's children, parents or siblings. For unmarried couples a will is therefore not an optional refinement but the only protection there is — and it should be drafted around any reserved shares so that it survives challenge.

Time limits after a death are short

Reporting the estate, renouncing an insolvent inheritance and filing tax declarations are often measured in weeks or a few months. In several systems, doing nothing makes you an heir by default — debts included. Get a picture of assets and liabilities straight away, before deciding anything else.

Two countries, two laws

A marriage celebrated abroad or with a foreigner, the law that governs the couple's property, children of two nationalities, an estate spread over two countries: the page on international couples gathers the common rules and explains the Hague Conventions.

The law country by country

The legal framework, the procedure, the time limits and the costs differ from one country to another. Each country below has a detailed page: governing texts, key facts, the actual procedure, costs, where to go and the traps to avoid.

Select a country to open its detailed page.

European framework

European Union

Since 29 January 2019 an international couple knows which law governs their matrimonial property — and can choose it.

Europe

Ireland

Separate property, but a spouse has a fixed legal right share of the estate that a will cannot defeat.

Spain

Community of acquisitions (sociedad de gananciales) by default under common Spanish law, separation of property by default in Catalonia and the Balearics, conjugal consortium in Aragon; marriage contracts before a notary before or during the marriage to change regime; the family home protected whatever the regime; for couples married since 2019, the EU Matrimonial Property Regulation designates the law of the first common habitual residence.

United Kingdom

No matrimonial property regime and no forced heirship in England and Wales — wide judicial discretion instead, and family provision claims after death.

Western Africa

Ghana

Courts divide jointly acquired property equitably, and PNDC Law 111 gives the surviving spouse and children defined shares of an estate.

Nigeria

Property follows legal title, succession depends on the type of marriage, and Ukeje confirmed daughters' right to inherit.

Middle Africa

Cameroon

Spouses choose their matrimonial property regime — communauté de biens (community of property) or séparation de biens (separation of property) — at the ceremony, and the choice is written into the marriage certificate; written law and customary laws coexist, and in practice custom often disadvantages widows and daughters. The protection lies in three documents: the registered marriage certificate, the title in both names and a notarial will. None of the UK's legal systems, nor Irish law, has a community of property, and an English court dividing assets on divorce applies English law to all of them, land in Cameroon included.

Eastern Africa

Ethiopia

Under the Revised Family Code the spouses may fix their property regime in a written contract attested by four witnesses; without one, property owned before marriage or inherited stays personal (art. 57), everything earned or bought on payment during the marriage is common property even if registered in one name (arts 62 and 63), and common property is divided equally on dissolution (art. 90).

Kenya

The Matrimonial Property Act 2013 counts domestic work and childcare as contribution, and the surviving spouse has a life interest in the estate.

Rwanda

Couples choose between community of property, limited community, separation of property and a notarised agreement (Law No 71/2024, Arts. 155 to 168); 97.0% of the marriages registered in 2025 were under community of property, which divorce courts split equally unless the couple cohabited under five years (Art. 156), and unpaid care work can be valued at 10% to 39% (Art. 175).

Tanzania

Spouses keep their own property (Law of Marriage Act, s. 58), the matrimonial home cannot be sold or mortgaged without the other spouse's consent (s. 59; Land Act, s. 114), and on separation or divorce courts divide assets acquired by joint efforts under s. 114, counting housework as a contribution.

Uganda

Division follows contribution, including non-monetary contribution, and the 2022 succession reform increased the surviving spouse's share.

Zambia

The Matrimonial Causes Act allows property settlement on divorce, and the Intestate Succession Act sets shares for survivors and counters property grabbing.

Southern Africa

South Africa

The property regime affects ownership and claims when a marriage ends. A later ceremony does not necessarily allow spouses to replace the regime they already have.

Southern Asia

India

No matrimonial property regime at all, and succession that depends on religion — with daughters now equal coparceners in Hindu families.

Pakistan

Separate property in marriage, fixed succession shares under personal law, and dower as the wife's enforceable entitlement.

Eastern Asia

Hong Kong

Sharing principle on divorce, statutory intestacy shares, and no estate duty since 2006.

South-eastern Asia

Indonesia

Property acquired during marriage is joint property and what each spouse brought in or received as a gift or inheritance stays their own (Marriage Law, Art. 35); joint property cannot be dealt with without both spouses' consent (Art. 36(1)), a marriage agreement may be made before or during the marriage since 2016, and after divorce each spouse of a Muslim marriage is entitled to half (Compilation, Art. 97).

Malaysia

Harta sepencarian for Muslims, discretionary division for civil marriages, and faraid or the Distribution Act on death.

Philippines

Absolute community of property by default since 1988, and compulsory heirs with a reserved share that a will cannot defeat.

Singapore

Just and equitable division of matrimonial assets, an intestacy statute for non-Muslims, faraid for Muslims, and no estate duty.

Northern America

Canada

Provincial property regimes, no estate tax but a deemed disposition at death, and wills variation claims in some provinces.

United States

Community property in nine states, equitable distribution elsewhere, and an elective share protecting surviving spouses in most states.

Caribbean

Jamaica

Each spouse is presumed to hold an equal share of the family home, and other property follows contribution.

Trinidad and Tobago

Property adjustment orders are available on divorce, and cohabitants of five years may seek similar relief.

South America

Argentina

Community of acquisitions (comunidad de ganancias) by default — earnings and acquisitions during the marriage are shared in halves — or separation of property by agreement before a notary (escribano), signed before the wedding or after one year of marriage; the family home cannot be sold without both spouses and a compensation payment on divorce exists under both regimes. For a couple who married elsewhere, Argentine law looks to the first marital domicile.

Oceania

Australia

No community of property, a discretionary four-step process on separation, no inheritance tax — but family provision claims are common.

New Zealand

Equal sharing of relationship property after three years, and one of the most claimant-friendly inheritance regimes anywhere.

This topic is also covered for French-speaking countries · German-speaking countries · Poland and the Polish diaspora · Türkiye and the Turkish diaspora · Spanish-speaking countries · Italy and Italian-speaking Switzerland · Portuguese-speaking countries · the Netherlands, Flanders and Suriname.

Sources

  1. Matrimonial property regimes — European Commission, European e-Justice Portal, 2024: EU rules determining the law applicable to the property of international couples, in force in 18 EU countries

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

Content updated in . The instruments cited can change: if in doubt, confirm with the official source given.

Text written with the help of AI, under the editorial responsibility of CAPIT; human reviews are occasional (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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