After a divorce, the division of matrimonial property and savings (§§ 81 et seq. EheG) covers what the couple built up together during the marriage. This includes the matrimonial assets used by both spouses – above all the matrimonial home and household effects – and the matrimonial savings. Property brought into the marriage, inherited or received as a gift from third parties is left out, and so are businesses. The division follows what is fair, not a rigid 50/50 split. And under § 95 EheG, the claim lapses one year after the date on which the divorce becomes final.
When a marriage ends, one question almost always comes up: who owns what – and who gets how much? Dividing the matrimonial property is one of the most sensitive issues in any separation. What is often at stake is your home, your joint savings and years of building up your finances together. This page explains in plain terms which assets are divided in Austria and which are not, what happens to the matrimonial home, and which deadline you must not miss under any circumstances.
What is divided? (§§ 81 et seq. EheG)
As a rule, a divorce leads to a division of the assets the couple built up together during the marriage. The Marriage Act distinguishes between two categories:
Matrimonial assets used by both spouses
These are the things that both spouses actually used during the marriage. The main ones are the matrimonial home (whether owned or rented) and the household effects – that is, furniture, furnishings, household appliances and similar items in everyday use.
Matrimonial savings
The matrimonial savings are also divided. These are investments that the spouses built up while the marriage lasted and that, by their nature, are normally intended to be turned into money – such as savings balances, securities or cash reserves. What counts is not whose name an account is in, but that the assets were built up together during the marriage.
What is NOT divided? (§ 82 EheG)
Not all assets are part of the division. The main exceptions are:
- Property brought into the marriage – that is, what one spouse already owned before the marriage and brought into it.
- Inherited property or property received as a gift – assets that one spouse inherited from third parties or received from them as a gift.
- Businesses or shares in companies – as a rule, businesses and holdings are not part of the division.
- Items for personal use and items used for work.
In practice, drawing the line is often harder than it sounds. Problems arise above all when property brought into the marriage or inherited has been mixed with what the couple earned together – for example, when an inherited sum went into the shared home. In such cases, it is worth examining the individual circumstances carefully.
The matrimonial home – a special case
For most couples, the matrimonial home is the biggest point of dispute and the most emotionally draining one. It is included in the division even if it originally belonged to only one spouse or one spouse brought it into the marriage – provided the other spouse urgently depends on continuing to use it, or a child they have together needs it. Among other things, the court can decide who is entitled to the home in future, whether to transfer tenancy rights or ownership, and whether one spouse must make a balancing payment. When it comes to the home, an amicable arrangement as part of the divorce is almost always better than a court battle.
Fairness as the yardstick – no automatic 50/50 split
Contrary to popular belief, Austria has no rigid 50/50 principle. The division is based on fairness (§ 83 EheG): the court weighs up what is fair in the specific circumstances. Among other factors, it considers who contributed how much to acquiring and maintaining the assets, the wellbeing of the couple’s children and the length of the marriage. Running the household and looking after the children expressly count as contributions of equal value. An equal split is often the result, but it is by no means guaranteed.
Do debts count?
Yes. The division also takes into account debts that are closely connected with the matrimonial assets or the matrimonial savings. A typical example is the outstanding loan on the matrimonial home or for furniture bought together. So the division covers not only the assets but also the liabilities attached to them.
Procedure, costs and duration – an honest assessment
The best outcome is for the spouses to agree on the division of property themselves – ideally in a divorce settlement agreement as part of a divorce by mutual consent. If they cannot reach agreement, either spouse can apply to the district court for division of property within the one-year deadline. The court deals with the application in non-contentious proceedings. It then decides according to what is fair.
It is not possible to give a reliable general figure for the costs – they depend on the value and complexity of the assets. One thing is clear: an amicable arrangement is generally much less expensive and quicker than court proceedings for the division of property. These can drag on for many months – for example, where a property has to be valued or court-appointed experts are involved.
How we help you
First, we establish which assets are subject to division and which are not – and we keep track of the one-year deadline under § 95 EheG from the very start. Where an amicable solution is possible, we work out a workable arrangement for the division of property that protects your interests. If there is a dispute, we represent you in the proceedings for the division of property before the district court. We make no promises about any particular outcome – but we do promise to represent your interests carefully and in a way you can follow.
Contact: Teamanwälte, Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Arrange an initial consultation, where we will take the time to discuss your situation.
Related pages
- Back to the overview: Family law & divorce in Vienna
- Divorce by mutual consent – settling the division of property in the divorce settlement agreement
- Contested divorce – when no agreement is possible
- Maintenance – child and spousal maintenance
Note: This page provides general information only and does not constitute legal advice on any individual case. The amounts stated (in particular court fees) are for guidance only. They are subject to annual adjustment and are not fixed prices. We give no guarantee of success. For a definitive assessment of your individual situation, please arrange a personal consultation.