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Dokument	BGB Book 4 Family Law
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=U3= UTit1 -- Subtitle 1 Statutory property regime

=U4= Sec1363 -- Section 1363 Community of accrued gains

-- =S=> BGB 1363. 1 The spouses live under the property regime of community of accrued gains if they do not by marriage contract agree otherwise .
=S=> BGB 1363. 2 The property of the husband and the property of the wife do not become the common property of the spouses ; the same applies to property that one spouse acquires after marriage . The accrued gains that the spouses acquire in the marriage , however , are equalised if the community of accrued gains ends .

=U4= Sec1364 -- Section 1364 Management of property

-- =S=> BGB 1364 Each spouse manages his property independently ; however , he is restricted in the management of his property under the following provisions .

=U4= Sec1365 -- Section 1365 Disposition of property as a whole

-- =S=> BGB 1365. 1 A spouse may only with the consent of the other spouse agree to dispose of his property as a whole . Where he has agreed without the approval of the other spouse , he may perform the duty only if the other spouse consents .
=S=> BGB 1365. 2 Where the transaction complies with the principles of proper management , the family court , on the application of the spouse , may substitute the approval of the other spouse if the latter refuses it without adequate cause or is prevented by illness or absence from making a declaration and delay entails risk .

=U4= Sec1366 -- Section 1366 Ratification of contracts

-- =S=> BGB 1366. 1 A contract which a spouse enters into without the necessary consent of the other spouse is effective if the spouse ratifies it .
=S=> BGB 1366. 2 Until the ratification , the third party may revoke the contract . Where he knew that the man or the woman was married , he may revoke only if the man or the woman untruthfully claimed that the other spouse had consented ; in this case too , he may not revoke if when he entered into the contract he knew that the other spouse had not consented .
=S=> BGB 1366. 3 Where the third party requests the spouse to obtain the necessary ratification of the other spouse , the latter may declare ratification only to the third party ; if he made a declaration to his spouse even before the request , the declaration becomes ineffective . The ratification may be made only within two weeks after the receipt of the request ; if it is not made , it is deemed to have been refused . If the family court substitutes the ratification , its order is effective only if the spouse communicates it to the third party within the two-week period ; failing this , the ratification is deemed to have been refused .
=S=> BGB 1366. 4 If ratification is refused , the contract is ineffective .

=U4= Sec1367 -- Section 1367 Unilateral legal transactions

-- =S=> BGB 1367 A unilateral legal transaction that is entered into without the necessary consent is ineffective .

=U4= Sec1368 -- Section 1368 Asserting the ineffectiveness

-- =S=> BGB 1368 If a spouse , without the necessary approval of the other spouse , disposes of his property , the other spouse is also entitled to assert the rights arising from the ineffectiveness of the disposition against the third party in court .

=U4= Sec1369 -- Section 1369 Dispositions of household objects

-- =S=> BGB 1369. 1 A spouse may dispose of objects of the household of the spouses belonging to him and agree to such a disposition only if the other spouse consents .
=S=> BGB 1369. 2 The family court , on the application of the spouse , may substitute the approval of the other spouse if the latter refuses it without adequate cause or is prevented by illness or absence from making a declaration .
=S=> BGB 1369. 3 The provisions of sections 1366 to 1368 apply with the necessary modifications .

=U4= Sec1370 -- Section 1370 Replacement of household objects

-- =S=> BGB 1370 Household objects that are acquired in place of objects that are no longer in existence or have become valueless become the property of the spouse who owned the objects that are no longer in existence or have become valueless .

=U4= Sec1371 -- Section 1371 Equalisation of accrued gains in the case of death

-- =S=> BGB 1371. 1 If the property regime is ended by the death of a spouse , the equalisation of the accrued gains is effected by the share of the inheritance on intestacy of the surviving spouse being increased by one quarter of the inheritance ; it is irrelevant here whether the spouses in the individual case have made accrued gains .
=S=> BGB 1371. 2 If the surviving spouse does not become an heir and if he has no right to a legacy , he may demand equalisation of the accrued gains under the provisions of sections 1373 to 1383 and section 1390 ; the compulsory portion of the surviving spouse or of another person entitled to a compulsory portion is determined in this case with reference to the share of the inheritance on intestacy of the spouse before it is increased .
=S=> BGB 1371. 3 Where the surviving spouse disclaims the inheritance , then in addition to the equalisation of the accrued gains he may demand the compulsory portion even if he would have no entitlement to this under the provisions of the law of succession ; this does not apply if he has waived his right of intestate succession or his right to a compulsory portion by a contract with his spouse .
=S=> BGB 1371. 4 Where descendants of the deceased spouse who are entitled to inherit , and who are not descended from the marriage ended by the death of this spouse , are in existence , the surviving spouse has a duty to grant these descendants , if and to the extent that they need these , the means for a reasonable education from the quarter additionally granted under subsection ( 1 ) .

=U4= Sec1372 -- Section 1372 Equalisation of accrued gains in other cases

-- =S=> BGB 1372 If the property regime is ended in another way than by the death of a spouse , the accrued gains are equalised under the provisions of sections 1373 to 1390.

=U4= Sec1373 -- Section 1373 Accrued gains

-- =S=> BGB 1373 Accrued gains means the amount by which the final assets of a spouse exceed the initial assets .

=U4= Sec1374 -- Section 1374 Initial assets

-- =S=> BGB 1374. 1 Initial assets means the assets that belong to a spouse at the beginning of the property regime after the deduction of the liabilities ; the liabilities may be deducted only to the amount of the assets .
=S=> BGB 1374. 2 Assets which a spouse acquires after the beginning of the property regime as a result of death or with regard to a future right of succession , by donation or as advancements , are added to the initial assets after the deduction of the liabilities , to the extent that in the circumstances they are not to be seen as income .

=U4= Sec1375 -- Section 1375 Final assets

-- =S=> BGB 1375. 1 Final assets means the assets that belong to one spouse at the end of the property regime after the deduction of the liabilities . The liabilities are also deducted , if third parties may be claimed on under section 1390 , to the extent that they exceed the amount of the assets .
=S=> BGB 1375. 2 The final assets of a spouse are increased by the amount by which these assets are reduced as a result of the fact that a spouse , after the beginning of the property regime , made gratuitous dispositions by which he was not fulfilling a moral duty or showing regard for decency , squandered property , or performed acts with the intention of disadvantaging the other spouse .
=S=> BGB 1375. 3 The amount by which the assets are reduced is not added to the final assets if the reduction was effected at least ten years before the end of the property regime or if the other spouse was in agreement with the gratuitous disposition or the squandering .

=U4= Sec1376 -- Section 1376 Ascertainment of the value of the initial and final assets

-- =S=> BGB 1376. 1 The calculation of the initial assets is based on the value that the assets in existence at the beginning of the property regime had at that date and that the assets to be added to the initial assets had at the date of their acquisition .
=S=> BGB 1376. 2 The calculation of the final assets is based on the value that the assets in existence at the end of the property regime had at that date and that a reduction of assets to be added to the final assets had at the date when the reduction occurred .
=S=> BGB 1376. 3 The above provisions apply with the necessary modifications for the valuation of liabilities .
=S=> BGB 1376. 4 An agricultural or forestry enterprise which is to be taken into account in the calculation of the initial assets and the final assets is to be reported at income value if the owner is claimed on under section 1378 ( 1 ) and it can be expected that the enterprise is continued or recommenced by the owner or a descendant ; the provision of section 2049 ( 2 ) applies .

=U4= Sec1377 -- Section 1377 List of initial assets

-- =S=> BGB 1377. 1 If the spouses have jointly drawn up a list recording the inventory and the value of the initial assets belonging to one spouse and the objects to be added to these assets , it is presumed , as between the spouses , that the list is correct .
=S=> BGB 1377. 2 Each spouse may require that the other spouse cooperate in drawing up the list . The drawing up of the list is governed by the provisions of section 1035 applying to usufruct . Each spouse may , at his own cost , have the value of the assets and the liabilities determined by experts .
=S=> BGB 1377. 3 To the extent that no list has been drawn up , it is presumed that the final assets of a spouse represent his accrued gains .

=U4= Sec1378 -- Section 1378 Equalisation claim

-- =S=> BGB 1378. 1 If the accrued gains of one spouse exceed the accrued gains of the other spouse , the half of the surplus is due to the other spouse as an equalisation claim .
=S=> BGB 1378. 2 The amount of the equalisation claim is limited by the value of the assets that remain , after deduction of the liabilities , at the end of the property regime .
=S=> BGB 1378. 3 The equalisation claim arises on the ending of the property regime and from this date on it is inheritable and transferable . An agreement on the equalisation of the accrued gains that the spouses enter into , during proceedings instituted to dissolve the marriage , for the eventuality of the dissolution of the marriage , must be notarially recorded ; section 127a also applies to an agreement that is recorded in proceedings on family matters before the court hearing the case . Apart from this , neither spouse may before the end of the property regime agree to dispose of the equalisation claim .
=S=> BGB 1378. 4 The equalisation claim is statute-barred in three years ; the period begins on the date on which the spouse discovers that the property regime has ended . However , the claim is statute-barred at the latest thirty years after the property regime ends . If the property regime ends as the result of the death of a spouse , moreover , the provisions that govern the limitation of a claim to a compulsory share apply .

=U4= Sec1379 -- Section 1379 Duty of information

-- =S=> BGB 1379. 1 After the end of the property regime , each spouse has a duty to inform the other spouse of the inventory of his final assets . Each spouse may require that he be involved in the drawing up of the list to be submitted to him under section 260 and that the value of the assets and the liabilities is determined . He may also demand that the list be drawn up at his cost by the competent authority or by a responsible official or notary .
=S=> BGB 1379. 2 If a spouse has petitioned for divorce or the annulment of the marriage , subsection ( 1 ) applies with the necessary modifications .

=U4= Sec1380 -- Section 1380 Set-off of advancements

-- =S=> BGB 1380. 1 Against the equalisation claim of a spouse is set off what he is given by the other spouse by inter vivos legal transaction with the provision that it is to be set off against the equalisation claim . In case of doubt it is to be assumed that dispositions should be set off if their value exceeds the value of occasional gifts that are customary in keeping with the standard of living of the spouses .
=S=> BGB 1380. 2 In the calculation of the equalisation claim , the value of the disposition is added to the accrued gains of the spouse who made the disposition . The value is determined according to the date of the disposition .

=U4= Sec1381 -- Section 1381 Refusal of satisfaction for gross inequity

-- =S=> BGB 1381. 1 The debtor may refuse to satisfy the equalisation claim to the extent that the equalisation of accrued gains in the circumstances of the case would be grossly inequitable .
=S=> BGB 1381. 2 Gross inequity may in particular be given if the spouse who made the smaller amount of accrued gains for a long period culpably failed to discharge his financial duties which arise from the marital relationship .

=U4= Sec1382 -- Section 1382 Deferment

-- =S=> BGB 1382. 1 On application , the family court defers an equalisation claim , to the extent that it is not disputed by the debtor , if immediate payment would occur at an inopportune time , also taking into account the interests of the creditor . Immediate payment would also occur at an inopportune time if it would cause long-term deterioration in the housing conditions or other aspects of the standard of living of children of the spouses .
=S=> BGB 1382. 2 The debtor must pay interest on a deferred claim .
=S=> BGB 1382. 3 On application , the family court may order that the debtor is to provide security for a deferred claim .
=S=> BGB 1382. 4 The family court decides at its reasonably exercised discretion the amount and due date of the interest and on the nature and scope of the security provided .
=S=> BGB 1382. 5 To the extent that a legal dispute on the equalisation claim is pending at court , the debtor may make an application for deferment only in these proceedings .
=S=> BGB 1382. 6 The family court may , on application , set aside or alter a final and absolute decision if the circumstances have substantially changed since the decision .

=U4= Sec1383 -- Section 1383 Transfer of assets

-- =S=> BGB 1383. 1 On the application of the creditor , the family court may order that the debtor is to transfer particular objects of his assets to the creditor , to be set off against the equalisation claim if this is necessary to avoid gross inequity for the creditor and if this can be expected of the debtor ; the decision must stipulate the amount that is set off against the equalisation claim .
=S=> BGB 1383. 2 In the application , the creditor must designate the objects whose transfer he seeks .
=S=> BGB 1383. 3 Section 1382 ( 5 ) applies with the necessary modifications .

=U4= Sec1384 -- Section 1384 Date of calculation in the case of divorce

-- =S=> BGB 1384 If the marriage is dissolved by divorce , then when the accrued gains are calculated , the date of the end of the property regime is replaced by the date when the divorce petition was first pending at court .

=U4= Sec1385 -- Section 1385 Premature equalisation of accrued gains when spouses are living apart

-- =S=> BGB 1385 If the spouses have lived apart for at least three years , either from them may institute proceedings for premature equalisation of the accrued gains .

=U4= Sec1386 -- Section 1386 Premature equalisation of accrued gains in other cases

-- =S=> BGB 1386. 1 A spouse may institute proceedings for premature equalisation of accrued gains if the other spouse for a long period culpably failed to discharge his financial duties which arise from the marital relationship and it is to be assumed that he will not discharge them in future either .
=S=> BGB 1386. 2 A spouse may institute proceedings for premature equalisation of accrued gains if the other spouse has entered into a legal transaction of the nature set out in section 1365 without the necessary approval or has reduced his assets by one of the acts set out in section 1375 and a substantial endangerment of the future equalisation claim is to be feared .
=S=> BGB 1386. 3 A spouse may institute proceedings for premature equalisation of accrued gains if the other spouse persistently refuses without adequate reason to inform him of the inventory of his assets .

=U4= Sec1387 -- Section 1387 Date of calculation in the case of premature equalisation

-- =S=> BGB 1387 If the court grants premature equalisation of the accrued gains , then when the accrued gains are calculated , the date of the end of the property regime is replaced by the date on which the action for premature equalisation is instituted .

=U4= Sec1388 -- Section 1388 Occurrence of separation of property

-- =S=> BGB 1388 When the judgment by which premature equalisation of accrued gains is granted becomes final and absolute , separation of property occurs .

=U4= Sec1389 -- Section 1389 Provision of security

-- =S=> BGB 1389 Where the action for premature equalisation of accrued gains has been instituted or the petition for divorce or annulment of marriage has been filed , a spouse may demand provision of security if , by reason of the conduct of the other spouse , it is to be feared that his rights to the future equalisation of accrued gains are substantially endangered .

=U4= Sec1390 -- Section 1390 Claims against third parties of the person entitled to equalisation

-- =S=> BGB 1390. 1 To the extent that , under section 1378 ( 2 ) , a spouse is not entitled to an equalisation claim because the other spouse , with the intention of disadvantaging him , made gratuitous dispositions to a third party , the third party is obliged to return the property received under the provisions on the return of unjust enrichment to the spouse for the purpose of compensation for the lost equalisation claim . The third party may avoid return by paying the missing sum .
=S=> BGB 1390. 2 The same applies to other legal transactions if the intention to disadvantage the spouse was known to the third party .
=S=> BGB 1390. 3 The claim is statute-barred three years after the end of the property regime . If the property regime ends as a result of the death of a spouse , the limitation is not suspended as a result of the fact that the claim cannot be asserted until the spouse has disclaimed the inheritance or a legacy .
=S=> BGB 1390. 4 If the action for premature equalisation of the accrued gains has been instituted or the petition for divorce or annulment of the marriage has been filed , a spouse may require security from the third party for his claims under subsections ( 1 ) and ( 2 ) .

=U0= -- --

=U3= UTit2 -- Subtitle 2 Contractual property regime

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=U4= Kap1 -- Chapter 1 General provisions
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=U5= Sec1408 -- Section 1408 Marriage contract , freedom of contract
-- =S=> BGB 1408. 1 The spouses may provide for their matrimonial property arrangements by contract ( marriage contract ) , and in particular even after entering into marriage terminate or alter the matrimonial property regime .
=S=> BGB 1408. 2 If the spouses conclude agreements in a marriage contract regarding the equalisation of pension rights , sections 6 and 8 of the Equalisation of Pension Rights Act [ Versorgungsausgleichsgesetz ] apply in this respect .

=U5= Sec1409 -- Section 1409 Restriction of freedom of contract
-- =S=> BGB 1409 The matrimonial property regime may not be determined by reference to law that is no longer valid or to foreign law .

=U5= Sec1410 -- Section 1410 Form
-- =S=> BGB 1410 The marriage contract must be recorded by a notary , and both parties must be present .

=U5= Sec1411 -- Section 1411 Marriage contracts of persons with restricted capacity to contract or incapable of contracting
-- =S=> BGB 1411. 1 A person whose capacity to contract is restricted may enter into a marriage contract only with the approval of his legal representative . This also applies to a person of full age placed under the care of a custodian to the extent that a reservation of consent has been ordered for this matter . Where the legal representative is a guardian , then in addition to the approval of the legal representative the approval of the family court is necessary if the equalisation of the accrued gains is excluded or restricted or if community of property is agreed or terminated ; if the legal representative is a custodian , the approval of the custodianship court is necessary . The legal representative may not enter into a marriage contract for a spouse with restricted capacity to contract or a person of full age placed under care who is capable of contracting . BGB 1411. 2 For a spouse who is incapable of contracting , the legal representative enters into the contract ; he may not agree on or terminate community of property . If the legal representative is a guardian , he may enter into the contract only with the approval of the family court ; if the legal representative is a custodian , the approval of the custodianship court is necessary .

=U5= Sec1412 -- Section 1412 Effect in relation to third parties
-- =S=> BGB 1412. 1 Where the spouses have excluded or altered the statutory matrimonial property regime , they may derive from this , in relation to a third party , objections to a legal transaction that was entered into between one of them and the third party only if the marriage contract has been entered in the marriage property register of the competent local court [ Amtsgericht ] or was known to the third party when the legal transaction was entered into ; objections to a final and absolute judgment which has been pronounced between one of the spouses and the third party are admissible only if the marriage contract was registered or known to the third party at the time when the legal dispute was first pending at court .
=S=> BGB 1412. 2 The same applies if the spouses terminate or alter by marriage contract a provision for the marriage property arrangements which is entered in the marriage property register .

=U5= Sec1413 -- Section 1413 Revocation of permission to manage assets
-- =S=> BGB 1413 If a spouse permits his assets to be managed by the other spouse , then the right to revoke the permission at any time may be excluded or restricted only by marriage contract ; however , revocation for a compelling reason remains admissible .

=U4= Kap2 -- Chapter 2 Separation of property
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=U5= Sec1414 -- Section 1414 Commencement of separation of property
-- =S=> BGB 1414 If the spouses exclude the statutory property regime or terminate it , separation of property takes effect , unless the marriage contract leads to a different conclusion . The same applies if the equalisation of the accrued gains is excluded or community of property is terminated .

=U4= Kap3 -- Chapter 3 Community of property Subchapter 1 General provisions
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=U5= Sec1415 -- Section 1415 Agreement by marriage contract
-- =S=> BGB 1415 If the spouses , by marriage contract , agree on community of property , the following provisions apply .

=U5= Sec1416 -- Section 1416 Marital property
-- =S=> BGB 1416. 1 The property of the husband and the property of the wife , as a result of community of property , become the joint property of both spouses ( marital property ) . The marital property also includes the property that the husband or the wife acquires during the period of community of property .
=S=> BGB 1416. 2 The individual objects become joint property ; it is not necessary to transfer them by legal transaction .
=S=> BGB 1416. 3 If a right that is registered in the Land Register or may be registered in the Land Register becomes marital property , each spouse may require the other to cooperate in correcting the Land Register . Similar provisions apply if a right that is registered in the ship register or in the ship construction register becomes marital property .

=U5= Sec1417 -- Section 1417 Separate property
-- =S=> BGB 1417. 1 The separate property is excluded from the marital property .
=S=> BGB 1417. 2 Separate property is the objects that may not be transferred by legal transaction .
=S=> BGB 1417. 3 Each spouse manages his separate property independently . He manages it for the account of the marital property .

=U5= Sec1418 -- Section 1418 Reserved property
-- =S=> BGB 1418. 1 The reserved property is excluded from the marital property .
=S=> BGB 1418. 2 Reserved property is the objects that by marriage contract are declared the reserved property of a spouse , that a spouse acquires as a result of death or that are given to him by a third party free of charge , if the testator specified by testamentary disposition or the third party specified when making the disposition that the acquisition is to be reserved property , that a spouse acquires on the basis of a right that is part of his reserved property or as compensation for the destruction of , damage to or removal of an object that is part of the reserved property or by a legal transaction that relates to the reserved property .
=S=> BGB 1418. 3 Each spouse manages his reserved property independently . He manages it for own account .
=S=> BGB 1418. 4 If assets are part of the reserved property , this is effective against third parties only under section 1412.

=U5= Sec1419 -- Section 1419 Joint ownership
-- =S=> BGB 1419. 1 A spouse may not dispose of his share of the marital property and of the individual objects that are part of the marital property ; he is not entitled to demand partition .
=S=> BGB 1419. 2 The debtor may set off against a claim that is part of the marital property only a claim whose discharge he is entitled to demand from the marital property .

=U5= Sec1420 -- Section 1420 Use for maintenance
-- =S=> BGB 1420 The income that falls within the marital property is to be used for the maintenance of the family before the income that falls within the reserved property , and the capital of the marital property is to be used for the maintenance of the family before the capital of the reserved property or the separate property .

=U5= Sec1421 -- Section 1421 Management of the marital property
-- =S=> BGB 1421 In the marriage contract in which they agree on community of property , the spouses should specify whether the marital property is managed by the husband or by the wife or by both of them jointly . If the marriage contract contains no provision on this , the spouses manage the marital property jointly . Subchapter 2 Management of the marital property by the husband or the wife

=U5= Sec1422 -- Section 1422 Subject matter of right of management
-- =S=> BGB 1422 The spouse who manages the marital property is entitled in particular to take possession of the things belonging to the marital property and to dispose of the marital property ; he conducts legal disputes that relate to the marital property in his own name . The other spouse is not personally obliged by the management acts .

=U5= Sec1423 -- Section 1423 Disposition of the marital property as a whole
-- =S=> BGB 1423 The spouse who manages the marital property may agree only with the consent of the other spouse to dispose of the marital property as a whole . Where he has agreed without the approval of the other spouse , he may perform the duty only if the other spouse consents .

=U5= Sec1424 -- Section 1424 Disposition of plots of land , ships or ships under construction
-- =S=> BGB 1424 The spouse who manages the marital property may agree only with the consent of the other spouse to dispose of a plot of land that is part of the marital property ; in addition , he may agree to such a disposition only with the consent of his spouse . The same applies if a registered ship or ship under construction is part of the marital property .

=U5= Sec1425 -- Section 1425 Donations
-- =S=> BGB 1425. 1 The spouse who manages the marital property may make gifts of objects from the marital property only with the consent of the other spouse ; where , without the approval of the other spouse , he has promised to make gifts of objects from the marital property , he may fulfil this promise only if the other spouse consents . The same applies to a promise of donation that does not relate to the marital property .
=S=> BGB 1425. 2 An exception applies to gifts that are made to comply with a moral duty or to show consideration for decency .

=U5= Sec1426 -- Section 1426 Substitution of the approval of the other spouse
-- =S=> BGB 1426 Where a transaction that under sections 1423 and 1424 may be entered into only with the consent of the other spouse is necessary for the proper management of the marital property , the family court , on application , may substitute the approval of the other spouse if the latter refuses it without adequate cause or is prevented by illness or absence from making a declaration and delay entails risk .

=U5= Sec1427 -- Section 1427 Legal consequences of lack of consent
-- =S=> BGB 1427. 1 If the spouse who manages the marital property enters into a legal transaction without the necessary consent of the other spouse , the provisions of section 1366 ( 1 ) , ( 3 ) and ( 4 ) and of section 1367 apply with the necessary modifications .
=S=> BGB 1427. 2 A contract may be revoked by the third party until the ratification . Where he knew that the spouse was living under community of property , he may revoke only if the spouse untruthfully claimed that the other spouse had consented ; in this case too , he may not revoke if when he entered into the contract he knew that the other spouse had not consented .

=U5= Sec1428 -- Section 1428 Dispositions without approval
-- =S=> BGB 1428 If the spouse who manages the marital property disposes without the necessary approval of the other spouse of a right that is part of the marital property , the other spouse may assert the right against third parties ; the spouse who manages the marital property need not cooperate in this .

=U5= Sec1429 -- Section 1429 Emergency right of management
-- =S=> BGB 1429 Where the spouse who manages the marital property is prevented by illness or absence from entering into a legal transaction which relates to the marital property , the other spouse may undertake the legal transaction if delay entails risk ; when doing this , he may act either in his own name or in the name of the managing spouse . The same applies to conducting a legal dispute which relates to the marital property .

=U5= Sec1430 -- Section 1430 Substitution of the approval of the managing spouse
-- =S=> BGB 1430 If the spouse who manages the marital property refuses , without adequate cause , his approval to a legal transaction which the other spouse has to undertake in order to properly attend to his personal affairs , but which he cannot without this approval undertake with effect for the marital property , the family court may , on application , substitute the approval .

=U5= Sec1431 -- Section 1431 Independent trade or business
-- =S=> BGB 1431. 1 If the spouse who manages the marital property has consented to the other spouse operating an independent trade or business , his approval of such legal transactions and legal disputes as the business operations entail is not required . Unilateral legal transactions which relate to the trade or business are to be entered into with the spouse who operates the trade or business .
=S=> BGB 1431. 2 If the spouse who manages the marital property knows that the other spouse is operating a trade or business , and if he has filed no objection to this , this is equivalent to consent .
=S=> BGB 1431. 3 Against third parties , an objection and the revocation of the consent are effective only under section 1412.

=U5= Sec1432 -- Section 1432 Acceptance of an inheritance ; refusal of offer to enter into contract or of donation
-- =S=> BGB 1432. 1 If an inheritance or a legacy has accrued to the spouse who does not manage the marital property , only he is entitled to accept or disclaim the inheritance or the legacy ; the approval of the other spouse is not necessary . The same applies to the waiver of the compulsory portion or to the equalisation of accrued gains , and also of the refusal of an offer to enter into a contract or of a donation .
=S=> BGB 1432. 2 The spouse who does not manage the marital property may file an inventory of an inheritance that accrues to him without the approval of the other spouse .

=U5= Sec1433 -- Section 1433 Continuation of a legal dispute
-- =S=> BGB 1433 The spouse who does not manage the marital property may without the approval of the other spouse continue a legal dispute that was pending at court at the beginning of the community of property .

=U5= Sec1434 -- Section 1434 Unjust enrichment of the marital property
-- =S=> BGB 1434 If a legal transaction that a spouse undertakes without the required approval of the other spouse enriches the marital property , the enrichment is to be returned from the marital property under the provisions on unjust enrichment .

=U5= Sec1435 -- Section 1435 Duties of the managing spouse
-- =S=> BGB 1435 The spouse must manage the marital property properly . He must inform the other spouse of the management and , on request , give him information on the status of the management . Where the marital property is reduced , he must compensate the marital property if he is responsible for the loss or has caused it by a legal transaction which he undertook without the necessary approval of the other spouse .

=U5= Sec1436 -- Section 1436 Managing spouse under guardianship or custodianship
-- =S=> BGB 1436 If the spouse who manages the marital property is under guardianship or if the management of the marital property falls under the area of responsibilities of his custodian , his guardian or custodian must act on his behalf in the rights and duties which arise from the management of the marital property . This also applies if the other spouse is appointed guardian or custodian .

=U5= Sec1437 -- Section 1437 Obligations of the marital property ; personal liability
-- =S=> BGB 1437. 1 The creditors of the spouse who manages the marital property and , to the extent that sections 1438 to 1440 do not provide otherwise , the creditors of the other spouse in addition may require satisfaction from the marital property ( marital property obligations ) .
=S=> BGB 1437. 2 The spouse who manages the marital property is also personally liable as a joint and several debtor for the obligations of the other spouse which are marital property obligations . The liability lapses on the termination of the community of property if the obligations , as between the spouses , fall on the other spouse .

=U5= Sec1438 -- Section 1438 Liability of the marital property
-- =S=> BGB 1438. 1 The marital property is liable for an obligation arising from a legal transaction that is entered into during the period of community of property only if the spouse who manages the marital property enters into the legal transaction or if he approves it or if the legal transaction is effective for the marital property without his approval .
=S=> BGB 1438. 2 The marital property is liable for the costs of a legal dispute even if the judgment is not effective in relation to the marital property .

=U5= Sec1439 -- Section 1439 No liability on acquisition of an inheritance
-- =S=> BGB 1439 The marital property is not liable for obligations that arise as a result of the acquisition of an inheritance if the spouse who is an heir does not manage the marital property and acquires the inheritance during the period of community of property as reserved property or as separate property ; the same applies on the acquisition of a legacy .

=U5= Sec1440 -- Section 1440 Liability for reserved or separate property
-- =S=> BGB 1440 The marital property is not liable for a personal obligation of the spouse who does not manage the marital property that arises during the period of community of property as the result of a right that is part of the reserved property or the separate property or of the possession of a thing that belongs to such property . However , the marital property is liable if the right or the thing is part of a trade or business which the spouse operates independently with the consent of the other spouse , or if the obligation is part of the burdens of the separate property that are customarily paid from the income .

=U5= Sec1441 -- Section 1441 Liability as between the spouses
-- =S=> BGB 1441 As between the spouses , the following marital property obligations fall on the spouse as whose personal obligations they arise : the obligations arising from a tort which he commits after the commencement of the community of property , or from criminal proceedings that are conducted against him with regard to such an act ; the obligations arising from a legal relationship that relates to his reserved property or his separate property , even if they arose before the commencement of the community of property or before the time at which the property became reserved property or separate property ; the costs of a legal dispute about one of the obligations set out in nos . 1 and 2.

=U5= Sec1442 -- Section 1442 Obligations of the separate property and of a trade or business
-- =S=> BGB 1442 The provisions of section 1441 nos . 2 and 3 do not apply if the obligations are part of the burdens of the separate property which are customarily paid from the income . Nor do the provisions apply if the obligations arise from the operation of a trade or business that is conducted for the account of the marital property or as the result of a right or of the possession of a thing that belongs to such a trade or business .

=U5= Sec1443 -- Section 1443 Costs of litigation
-- =S=> BGB 1443. 1 As between the spouses , the costs of a legal dispute that the spouses conduct against each other are borne by the spouse who is to bear them under general provisions of law .
=S=> BGB 1443. 2 If the spouse who does not manage the marital property conducts a legal dispute against a third party , the costs of the legal dispute , as between the spouses , are borne by that spouse . However , the costs are borne by the marital property if the judgment takes effect against the marital property or if the legal dispute relates to a personal matter or a marital property obligation of the spouse and the disbursement of the costs is appropriate in the circumstances ; section 1441 no . 3 and section 1442 are unaffected .

=U5= Sec1444 -- Section 1444 Costs of the advancement of a child
-- =S=> BGB 1444. 1 If the spouse who manages the marital property promises or grants an advancement to a child of the spouses , then as between the spouses he bears the costs of the advancement to the extent that they exceed the degree that is appropriate for the marital property .
=S=> BGB 1444. 2 If the spouse who manages the marital property promises or grants an advancement to a child that is not a child of the spouses , then as between the spouses the father or mother bears the costs of the advancement ; for the spouse who does not manage the marital property , however , this applies only to the extent that he approves or the advancement does not exceed the degree that is appropriate for the marital property .

=U5= Sec1445 -- Section 1445 Equalisation between reserved property , separate property and marital property
-- =S=> BGB 1445. 1 If the spouse who manages the marital property applies marital property to his reserved property or his separate property , he must reimburse to the marital property the value of the property applied .
=S=> BGB 1445. 2 If he applies reserved property or separate property to the marital property , he may require compensation from the marital property .

=U5= Sec1446 -- Section 1446 Due date of the equalisation claim
-- =S=> BGB 1446. 1 Whatever the spouse who manages the marital property owes to the marital property he need pay only after the termination of the community of property ; whatever he may claim from the marital property he may claim only after the termination of the community of property .
=S=> BGB 1446. 2 Whatever the spouse who does not manage the marital property owes to the marital property or whatever he owes to the reserved property or separate property of the other spouse he need not pay until after the termination of the community of property ; however , he must discharge the debt before this to the extent that his reserved property and his separate property are sufficient for this .

=U5= Sec1447 -- Section 1447 Action of the non-managing spouse for termination
-- =S=> BGB 1447 The spouse who does not manage the marital property may institute proceedings for termination of the community of property if his future rights may be substantially endangered by the fact that the other spouse is incapable of managing the marital property or abuses his right to manage the marital property , if the other spouse has violated his duty to contribute to the family maintenance and a substantial endangerment of the maintenance is to be feared in the future , if the marital property is over-indebted by obligations that arose as personal obligations of the other spouse to such an extent that a later acquisition by the spouse who does not manage the marital property is substantially endangered , if the management of the marital property falls under the area of responsibilities of the custodian of the other spouse .

=U5= Sec1448 -- Section 1448 Action of the managing spouse for termination
-- =S=> BGB 1448 The spouse who manages the marital property make take action for termination of the community of property if the marital property , as a result of obligations of the other spouse which fall on the latter as between the spouses , is over-indebted to such a degree that a later acquisition is substantially endangered .

=U5= Sec1449 -- Section 1449 Effect of the judicial termination decision
-- =S=> BGB 1449. 1 When the judicial decision becomes final and absolute , the community of property is terminated ; separation of property applies for the future .
=S=> BGB 1449. 2 Against third parties , the termination of the community of property is effective only under section 1412. Subchapter 3 Joint management of the marital property by the spouses

=U5= Sec1450 -- Section 1450 Joint management by the spouses
-- =S=> BGB 1450. 1 If the marital property is jointly managed by the spouses , the spouses are in particular entitled only jointly to dispose of the marital property and to conduct legal disputes that relate to the marital property . The possession of the things that are part of the marital property is the right of the spouses jointly .
=S=> BGB 1450. 2 Where a declaration of intention is to be made to the spouses , it is sufficient if it is made to one spouse .

=U5= Sec1451 -- Section 1451 Duty of both spouses to cooperate
-- =S=> BGB 1451 Each spouse is obliged to the other to cooperate in measures that are necessary for due management of the marital property .

=U5= Sec1452 -- Section 1452 Substitution of approval
-- =S=> BGB 1452. 1 Where , for the proper management of the marital property , it is necessary for a legal transaction to be entered into or a legal dispute to be conducted , the family court , on the application of a spouse , may substitute the approval of the other spouse if the latter refuses it without adequate cause .
=S=> BGB 1452. 2 The provision of subsection ( 1 ) also applies if for proper attention to the personal affairs of a spouse a legal transaction is necessary that the spouse may not undertake with effect for the marital property without the approval of the other spouse .

=U5= Sec1453 -- Section 1453 Disposition without consent
-- =S=> BGB 1453. 1 If a spouse , without the necessary consent of the other spouse , disposes of the marital property , the provisions of section 1366 ( 1 ) , ( 3 ) and ( 4 ) and of section 1367 apply with the necessary modifications .
=S=> BGB 1453. 2 A contract may be revoked by the third party until the ratification . Where he knew that the spouse was living under community of property , he may revoke only if the spouse untruthfully claimed that the other spouse had consented ; in this case too , he may not revoke if when he entered into the contract he knew that the other spouse had not consented .

=U5= Sec1454 -- Section 1454 Emergency right of management
-- =S=> BGB 1454 Where a spouse is prevented by illness or absence from cooperating in a legal transaction that relates to the marital property , the other spouse may enter into the legal transaction if delay entails risk ; when doing this , he may act either in his own name or in the name of both spouses . The same applies to conducting a legal dispute which relates to the marital property .

=U5= Sec1455 -- Section 1455 Acts of management without the cooperation of the other spouse
-- =S=> BGB 1455 Each spouse may , without the cooperation of the other spouse , accept or disclaim an inheritance that has accrued to him or a legacy that has accrued to him , waive his compulsory portion or the equalisation of accrued gains , file an inventory of an inheritance that has accrued to him or to the other spouse , unless the inheritance that has accrued to the other spouse is part of the other spouse's reserved property or separate property , refuse an offer made to him to enter into a contract or a donation made to him , enter into a legal transaction in relation to the marital property as against the other spouse , judicially assert against the other spouse a right that is part of the marital property , continue a legal dispute which was pending at court when the community of property commenced , judicially assert against a third party a right that is part of the marital property if the other spouse disposed of the right without the necessary approval , judicially assert a right to object to an enforcement of judgment against the marital property , take the necessary measures to preserve the marital property if delay entails risk .

=U5= Sec1456 -- Section 1456 Independent trade or business
-- =S=> BGB 1456. 1 If a spouse has consented to the other spouse operating an independent trade or business , his approval of such legal transactions and legal disputes as the business operations entail is not required . Unilateral legal transactions which relate to the trade or business are to be entered into with the spouse who operates the trade or business .
=S=> BGB 1456. 2 If a spouse knows that the other spouse is operating a trade or business , and if he has filed no objection to this , this is equivalent to consent .
=S=> BGB 1456. 3 Against third parties , an objection and the revocation of the consent are effective only under section 1412.

=U5= Sec1457 -- Section 1457 Unjust enrichment of the marital property
-- =S=> BGB 1457 If a legal transaction that a spouse undertakes without the required approval of the other spouse enriches the marital property , the enrichment is to be returned from the marital property under the provisions on unjust enrichment .

=U5= Sec1458 -- Section 1458 Guardianship of a spouse
-- =S=> BGB 1458 As long as a spouse is under parental custody or under guardianship , the other spouse manages the marital property alone ; the provisions of sections 1422 to 1449 apply .

=U5= Sec1459 -- Section 1459 Obligations of the marital property ; personal liability
-- =S=> BGB 1459. 1 The creditors of the husband and the creditors of the wife , may , to the extent that sections 1460 to 1462 do not provide otherwise , require satisfaction from the marital property ( marital property obligations ) .
=S=> BGB 1459. 2 For the marital property obligations , the spouses are also personally liable as joint and several debtors . If the obligations , as between the spouses , fall on one of the spouses , the obligation of the other spouse expires on the termination of the community of property .

=U5= Sec1460 -- Section 1460 Liability of the marital property
-- =S=> BGB 1460. 1 The marital property is liable for an obligation arising from a legal transaction that a spouse enters into during the period of community of property only if the other spouse approves the legal transaction or if the legal transaction is effective for the marital property without his approval .
=S=> BGB 1460. 2 The marital property is liable for the costs of a legal dispute even if the judgment is not effective in relation to the marital property .

=U5= Sec1461 -- Section 1461 No liability on acquisition of an inheritance
-- =S=> BGB 1461 The marital property is not liable for the obligations of one spouse which arise as a result of the acquisition of an inheritance or of a legacy if the spouse acquires the inheritance or the legacy during the period of community of property as reserved property or as separate property .

=U5= Sec1462 -- Section 1462 Liability for reserved or separate property
-- =S=> BGB 1462 The marital property is not liable for an obligation of a spouse which comes into existence during the period of community of property as the result of a right that is part of the reserved property or the separate property or of the possession of a thing that is part of the reserved property or of the separate property . However , the marital property is liable if the right or the thing is part of a trade or business which a spouse operates independently with the consent of the other spouse , or if the obligation is one of the burdens of the separate property that are customarily paid from the income .

=U3= UTit3 -- Subtitle 3 Marriage property register
--
=U4= Sec1558 -- Section 1558 Competent registration court
-- =S=> BGB 1558. 1 The entries in the marriage property register are to be made at every local court [ Amtsgericht ] in whose district even only one of the spouses has his habitual residence .
=S=> BGB 1558. 2 The Land governments are authorised to transfer the competence to keep the register , by statutory order , to one local court [ Amtsgericht ] for the districts of more than one local court [ Amtsgericht ] . The Land governments may , by statutory order , transfer the authorisation to the Land justice administration authorities .

=U4= Sec1559 -- Section 1559 Change of habitual residence
-- =S=> BGB 1559 If a spouse , after the entry , moves his habitual residence to another district , the entry must be repeated in the register of that district . The earlier entry is deemed to have been repeated if a spouse changes his habitual residence back to the earlier district .

=U4= Sec1560 -- Section 1560 Application for entry
-- =S=> BGB 1560 An entry in the register should be made only on application and only to the extent that it is applied for . The application must be in notarially certified form .

=U4= Sec1561 -- Section 1561 Requirements for application
-- =S=> BGB 1561. 1 The application of both spouses is necessary for entry ; each spouse is obliged to the other to cooperate .
=S=> BGB 1561. 2 The application of one spouse is sufficient to enter a marriage contract or a change in the marital property regime arrangements of the spouses based on a judicial decision if , together with the application , the marriage contract or the decision , bearing a certificate of finality and non-appealability , is submitted ; to repeat an entry in the register of another district if , together with the application , a notarially certified copy of the earlier entry issued after the termination of the previous residence is submitted ; to enter the objection to the independent operation of a trade or business by the other spouse and to enter the revocation of the consent , if the spouses live in community of property and the spouse who makes the application manages the marital property alone or jointly with the other spouse ; to enter the restriction or exclusion of the entitlement of the other spouse to perform transactions with effect for the applicant ( section 1357 ( 2 ) ) .
=S=> BGB 1561. 3 ( repealed )

=U4= Sec1562 -- Section 1562 Public notice
-- =S=> BGB 1562. 1 The local court [ Amtsgericht ] must publish the entry in the newspaper intended for its public notices .
=S=> BGB 1562. 2 If a change of the matrimonial property regime is entered , the notice must be restricted to the designation of the matrimonial property regime and , where this is defined differently from the statutory provisions , to a general designation of the difference .

=U4= Sec1563 -- Section 1563 Inspection of the register
-- =S=> BGB 1563 Every person is permitted to inspect the register . A copy of the entries may be requested ; on request , the copy must be certified .
=9=> 9319
=9=> 9320
=9=> 9321
=9=> 9322
=9=> 9323
=9=> 9324
=S=> BGB 1514 Each spouse may also give to a third party by testamentary disposition the amount of which he deprives a descendant under section 1512 or under section 1513 ( 1 ) .
=S=> BGB 1515. 1 Each spouse may , for the eventuality that on his death the continued community of property occurs , by testamentary disposition direct that a descendant entitled to a share should have the right , when the division takes place , to take over the marital property or individual objects that are part of it in return for the reimbursement of the value .
=S=> BGB 1515. 2 If a farm is part of the marital property , it may be directed that the farm should be assessed at the income value or at a price that is at least as high as the income value . The provisions of section 2049 governing succession apply .
=S=> BGB 1515. 3 The right to take over the farm at the value or price set out in subsection ( 2 ) may also be granted to the surviving spouse .
=S=> BGB 1516. 1 For the dispositions of a spouse set out in section 1511 to 1515 to be effective , the approval of the other spouse is necessary .
=S=> BGB 1516. 2 The approval may not be given through an agent . If the spouse has restricted capacity to contract , the approval of his legal representative is not required . The declaration of approval must be notarially recorded . The approval is irrevocable .
=S=> BGB 1516. 3 The spouses may also make the dispositions set out in sections 1511 to 1515 in a joint will .
=S=> BGB 1517. 1 The effectiveness of a contract by which a descendant of the spouses agrees with one of the spouses to waive his share of the marital property of the continued community of property or by which such a waiver is withdrawn for the eventuality that the marriage is dissolved by the death of that spouse is subject to the approval of the other spouse . The approval is governed by the provision of section 1516 ( 2 ) sentences 3 and 4.
=S=> BGB 1517. 2 The provisions applying to the waiver of an inheritance apply with the necessary modifications .
=S=> BGB 1518 Arrangements that conflict with the provisions of sections 1483 to 1517 may not be made by the spouses , either by testamentary disposition or by contract . The right of the spouses to cancel by marriage contract that contract in which they agreed on continued community of property is unaffected .

=U5= Sec1463 -- Section 1463 Liability as between the spouses
-- =S=> BGB 1463 As between the spouses , the following marital property obligations fall on the spouse as whose personal obligations they arise : the obligations arising from a tort which he commits after the commencement of the community of property , or from criminal proceedings that are conducted against him with regard to such an act ; the obligations arising from a legal relationship that relates to his reserved property or his separate property , even if they arose before the commencement of the community of property or before the time at which the property became reserved property or separate property ; the costs of a legal dispute about one of the obligations set out in nos . 1 and 2.

=U5= Sec1464 -- Section 1464 Obligations of the separate property and of a trade or business
-- =S=> BGB 1464 The provisions of section 1463 nos . 2 and 3 do not apply if the obligations are part of the burdens of the separate property which are customarily paid from the income . Nor do the provisions apply if the obligations arise from the operation of a trade or business that is conducted for the account of the marital property or as the result of a right or of the possession of a thing that belongs to such a trade or business .

=U5= Sec1465 -- Section 1465 Costs of litigation
-- =S=> BGB 1465. 1 As between the spouses , the costs of a legal dispute that the spouses conduct against each other are borne by the spouse who is to bear them under general provisions of law .
=S=> BGB 1465. 2 If a spouse conducts a legal dispute against a third party , the costs of the legal dispute , as between the spouses , are borne by the spouse who conducts the legal dispute . However , the costs are borne by the marital property if the judgment takes effect against the marital property or if the legal dispute relates to a personal matter or a marital property obligation of the spouse and the disbursement of the costs is appropriate in the circumstances ; section 1463 no . 3 and section 1464 are unaffected .

=U5= Sec1466 -- Section 1466 Costs of the advancement of a child that is not a child of the spouses
-- =S=> BGB 1466 As between the spouses , the costs of the advancement of a child that is not a child of the spouses are borne by the father or mother of the child .

=U5= Sec1467 -- Section 1467 Equalisation between reserved property , separate property and marital property
-- =S=> BGB 1467. 1 If a spouse applies marital property to his reserved property or his separate property , he must reimburse to the marital property the value of the property applied .
=S=> BGB 1467. 2 If a spouse applies reserved property or separate property to the marital property , he may require compensation from the marital property .

=U5= Sec1468 -- Section 1468 Due date of the equalisation claim
-- =S=> BGB 1468 Whatever a spouse owes to the marital property or whatever he owes to the reserved property or separate property of the other spouse he need not pay until after the termination of the community of property ; but to the extent that the reserved property and the separate property of the debtor are sufficient , he must discharge the debt before this .

=U5= Sec1469 -- Section 1469 Action for termination
-- =S=> BGB 1469 Each spouse may institute proceedings for the termination of the community of property , if his future rights may be substantially endangered as a result of the fact that the other spouse , without his cooperation , undertakes acts of management that may be undertaken only jointly , if the other spouse , without adequate cause , persistently refuses to cooperate in the proper management of the marital property , if the other spouse has violated his duty to contribute to the family maintenance and a substantial endangerment of the maintenance is to be feared in the future , if the marital property is over-indebted by obligations that arose as personal obligations of the other spouse , and are borne by the latter as between the spouses , to such an extent that its later acquisition is substantially endangered , if the exercise of a right of the other spouse that arises from the community of property falls under the area of responsibilities of a custodian .

=U5= Sec1470 -- Section 1470 Effect of the judicial termination decision
-- =S=> BGB 1470. 1 When the judicial decision becomes final and absolute , the community of property is terminated ; separation of property applies for the future .
=S=> BGB 1470. 2 Against third parties , the termination of the community of property is effective only under section 1412. Subchapter 4 Partitioning of the marital property

=U5= Sec1471 -- Section 1471 Beginning of the partitioning
-- =S=> BGB 1471. 1 After the termination of the community of property , the spouses partition the marital property . BGB 1471. 2 Until the partitioning , the provisions of section 1419 govern the marital property .

=U5= Sec1472 -- Section 1472 Joint management of the marital property
-- =S=> BGB 1472. 1 Until the partitioning , the spouses manage the marital property jointly .
=S=> BGB 1472. 2 Each spouse may manage the marital property in the same way as before the termination of the community of property until he obtains knowledge of the termination or ought to know . A third party may not rely on this if , when he enters into a transaction , he knows or ought to know that the community of property has ended .
=S=> BGB 1472. 3 Each spouse is obliged to the other to cooperate in measures that are necessary for the proper management of the marital property ; each spouse may take the measures that are necessary for preservation alone .
=S=> BGB 1472. 4 If the community of property ends as the result of the death of one spouse , the surviving spouse must carry out the transactions that are necessary for proper management and may not be postponed without risk until the heir can make other provision . This duty does not exist if the deceased spouse managed the marital property alone .

=U5= Sec1473 -- Section 1473 Direct substitution
-- =S=> BGB 1473. 1 Whatever is acquired on the basis of a right that is part of the marital property or as compensation for the destruction of , damage to or deprivation of an object that is part of the marital property , or is acquired by a legal transaction that relates to the marital property , is marital property .
=S=> BGB 1473. 2 If a claim that is acquired by legal transaction is part of the marital property , the debtor need not allow this to be asserted against him until he has knowledge that the claim is part of the marital property ; the provisions of sections 406 to 408 apply with the necessary modifications .

=U5= Sec1474 -- Section 1474 Implementation of the partitioning
-- =S=> BGB 1474 The spouses effect the partitioning , unless they agree otherwise , under sections 1475 to 1481.

=U5= Sec1475 -- Section 1475 Discharge of the marital property obligations
-- =S=> BGB 1475. 1 The spouses must first discharge the obligations of the marital property . If an obligation is not yet payable or if it is disputed , the spouses must retain whatever is necessary to discharge this obligation .
=S=> BGB 1475. 2 If a marital property obligation , as between the spouses , falls on one of the spouses alone , the latter may not require that the obligation be discharged from the marital property .
=S=> BGB 1475. 3 The marital property must be converted into money , to the extent that this is necessary , in order to discharge the marital property obligations .

=U5= Sec1476 -- Section 1476 Division of the surplus
-- =S=> BGB 1476. 1 The surplus that remains after the discharge of the marital property obligations is due to the spouses in equal shares .
=S=> BGB 1476. 2 Each spouse must allow whatever he is to reimburse to the marital property to be set off against his share . To the extent that he does not make compensation in this way , he remains obliged to the other spouse .

=U5= Sec1477 -- Section 1477 Implementation of the division
-- =S=> BGB 1477. 1 The surplus is divided under the provisions on co-ownership .
=S=> BGB 1477. 2 Each spouse , on repayment of the value , may take the things that are intended exclusively for his personal use , in particular clothes , jewellery and tools . The same applies to the objects which a spouse has brought into the community of property or acquired during the period of community of property as a result of succession , as a legacy or with regard to a future right of succession , by donation or as an advancement .

=U5= Sec1478 -- Section 1478 Partitioning after divorce
-- =S=> BGB 1478. 1 Where the marriage has been dissolved by divorce before the partitioning is finished , then at the request of one spouse , each of them must be reimbursed the value of what he brought into the community of property ; if the value of the marital property is not sufficient for this , the shortfall is to be borne by the spouses in the proportion of the value of what they brought in .
=S=> BGB 1478. 2 The following are to be regarded as having been brought in : the objects that belonged to one spouse when the community of property commenced , the objects which a spouse acquired as a result of death or with regard to a future right of succession , by donation or as an advancement , unless the acquisition , in the circumstances , was to be regarded as income , the rights which are extinguished on the death of a spouse or whose acquisition is conditional on the death of a spouse .
=S=> BGB 1478. 3 The value of the items brought in is assessed according to the date at which they were brought in .

=U5= Sec1479 -- Section 1479 Partitioning after judicial termination decision
-- =S=> BGB 1479 Where the community of property is terminated by judicial decision on the basis of sections 1447 and 1448 or of section 1469 , the spouse who obtained the judicial decision may require that the partitioning be carried out in such a way as if the claim to partitioning had become pending at court at the time when the action for termination of the community of property was instituted .

=U5= Sec1480 -- Section 1480 Liability to third parties after the division
-- =S=> BGB 1480 If the marital property is divided before a marital property obligation has been discharged , the spouse who , at the time of the division , did not have such a liability is also personally liable to the creditor as a joint and several debtor . His liability is limited to the objects allocated to him ; the provisions of sections 1990 and 1991 that govern the liability of the heir apply with the necessary modifications .

=U5= Sec1481 -- Section 1481 Liability of the spouses to each other
-- =S=> BGB 1481. 1 If the marital property is divided before the discharge of a marital property obligation which , as between the spouses , falls on the marital property , the spouse who managed the marital property alone during the period of community of property is answerable to the other spouse that the other spouse is not claimed on , either for half of the obligation or for the surplus beyond what is obtained from the marital property .
=S=> BGB 1481. 2 If the spouses managed the marital property jointly during the period of community of property , each spouse is answerable to the other that the other spouse is not claimed on by the creditor for more than half of the obligation .
=S=> BGB 1481. 3 If the obligation , as between the spouses , falls on one of the spouses , the latter is answerable to the other that the other spouse is not claimed on by the creditor .

=U5= Sec1482 -- Section 1482 Dissolution of marriage by death
-- =S=> BGB 1482 If the marriage is dissolved by the death of a spouse , the share of the deceased spouse in the marital property is part of his estate . The succession of the deceased spouse takes place under the general provisions of law . Subchapter 5 Continued community of property

=U5= Sec1483 -- Section 1483 Occurrence of continued community of property
-- =S=> BGB 1483. 1 The spouses may agree by marriage contract that the community of property , after the death of a spouse , is continued between the surviving spouse and the descendants of the spouses . If the spouses make such an agreement , the community of property is continued with the descendants of the spouses who are heirs in the case of intestate succession . The share of the deceased spouse in the marital property is not part of the estate ; apart from this , the succession of the deceased spouse takes place under the general provisions of law .
=S=> BGB 1483. 2 Where , in addition to the descendants of the spouses , there are other descendants , their rights of succession and their shares of the inheritance are determined as if there had been no continued community of property .

=U5= Sec1484 -- Section 1484 Refusal of continued community of property
-- =S=> BGB 1484. 1 The surviving spouse may refuse the continuation of the community of property .
=S=> BGB 1484. 2 The refusal is governed by the provisions governing the disclaimer of an inheritance of sections 1943 to 1947 , 1950 , 1952 , 1954 to 1957 and 1959 with the necessary modifications . If the surviving spouse is under parental custody or under custodianship , the approval of the family court is necessary for the refusal . In the event of refusal by the custodian of the surviving spouse , the approval of the custodianship court is necessary .
=S=> BGB 1484. 3 If the spouse refuses the continuation of the community of property , the same applies as in the case of section 1482.

=U5= Sec1485 -- Section 1485 Marital property
-- =S=> BGB 1485. 1 The marital property of the continued community of property consists of the marital property to the extent that it does not pass under section 1483 ( 2 ) to a descendant who is not entitled to a share and of the property that the surviving spouse acquires from the estate of the deceased spouse or after the beginning of the continued community of property .
=S=> BGB 1485. 2 The property which a descendant of the spouses has at the time when the continued community of property begins or acquires later is not part of the marital property .
=S=> BGB 1485. 3 The marital property is governed by the provision for marital community of property of section 1416 ( 2 ) and ( 3 ) with the necessary modifications .

=U5= Sec1486 -- Section 1486 Reserved property ; separate property
-- =S=> BGB 1486. 1 Reserved property of the surviving spouse is what he previously had as reserved property or what he acquires as reserved property under section 1418 ( 2 ) nos . 2 and 3.
=S=> BGB 1486. 2 Separate property of the surviving spouse is what he previously had as separate property or what he acquires as separate property .

=U5= Sec1487 -- Section 1487 Legal position of the spouse and the descendants
-- =S=> BGB 1487. 1 The rights and obligations of the surviving spouse and of the descendants entitled to a share with regard to the marital property of the continued community of property are determined by the provisions applying to marital community of property of sections 1419 , 1422 to 1428 , 1434 , of section 1435 sentences 1 and 3 and of sections 1436 and 1445 ; the surviving spouse has the legal position of the spouse who manages the marital property alone , and the descendants entitled to a share have the legal position of the other spouse .
=S=> BGB 1487. 2 What the surviving spouse owes to the marital property or may claim from the marital property is payable only after the termination of the continued community of property .

=U5= Sec1488 -- Section 1488 Marital property obligations
-- =S=> BGB 1488 Marital property obligations of the continued community of property are the obligations of the surviving spouse and such obligations of the deceased spouse as were marital property obligations of the marital community of property .

=U5= Sec1489 -- Section 1489 Personal liability for the marital property obligations
-- =S=> BGB 1489. 1 The surviving spouse is personally liable for the marital property obligations of the continued community of property .
=S=> BGB 1489. 2 To the extent that the personal liability applies to the surviving spouse only as a result of the occurrence of the continued community of property , the provisions governing the liability of the heir for the obligations of the estate apply with the necessary modifications ; the estate is replaced by the marital property with the inventory that it has at the time when the continued community of property commences .
=S=> BGB 1489. 3 No personal liability of the descendants entitled to a share for the obligations of the deceased spouse or of the surviving spouse is created by the continued community of property .

=U5= Sec1490 -- Section 1490 Death of a descendant
-- =S=> BGB 1490 Where a descendant entitled to a share dies , his share of the marital property is not part of his estate . Where he has descendants who would be entitled to a share if he had not survived the deceased spouse , the descendants take his place . If he has no such descendants , his share accrues to the other descendants entitled to a share and , if there are no such descendants , to the surviving spouse .

=U5= Sec1491 -- Section 1491 Waiver by a descendant
-- =S=> BGB 1491. 1 A descendant entitled to a share may waive his share of the marital property . The waiver is made by declaration to the court with jurisdiction over the estate of the deceased spouse ; the declaration must be made in notarially certified form . The probate court should give notification of the declaration to the surviving spouse and the other descendants entitled to a share .
=S=> BGB 1491. 2 The waiver may also be made by contract with the surviving spouse and the other descendants entitled to a share . The contract must be notarially recorded .
=S=> BGB 1491. 3 If the descendant is under parental custody or under guardianship , the approval of the family court is necessary for the waiver . In the event of waiver by the custodian of the descendant , the approval of the custodianship court is necessary .
=S=> BGB 1491. 4 The waiver has the same effects as if the person waiving had died without descendants at the time of the waiver .

=U5= Sec1492 -- Section 1492 Termination by the surviving spouse
-- =S=> BGB 1492. 1 The surviving spouse may terminate the continued community of property at any time . The termination is made by declaration to the court with jurisdiction over the estate of the deceased spouse ; the declaration must be made in notarially certified form . The probate court should notify the descendants entitled to a share and , if the surviving spouse is the legal representative of one of the descendants , the family court of the declaration ; if custodianship exists , the approval of the custodianship court is necessary .
=S=> BGB 1492. 2 The termination may also be effected by contract between the surviving spouse and the descendants entitled to a share . The contract must be notarially recorded .
=S=> BGB 1492. 3 If the surviving spouse is under parental custody or under guardianship , the approval of the family court is necessary for the termination . In the event of termination by the custodian of the surviving spouse , the approval of the custodianship court is necessary .

=U5= Sec1493 -- Section 1493 Remarriage or establishment of a civil partnership by the surviving spouse
-- =S=> BGB 1493. 1 The continued community of property ends when the surviving spouse remarries or establishes a civil partnership .
=S=> BGB 1493. 2 The surviving spouse must , if a descendant entitled to a share is minor , notify the family court of his intention to remarry , submit a list of the marital property , terminate the community of property and bring about the partitioning . The family court may permit the community of property not to be terminated until conclusion of marriage and the partitioning not to take place until a later date . Sentences 1 and 2 also apply if care for the property of a descendant entitled to a share is part of the area of responsibilities of a custodian ; in this case , the custodianship court replaces the family court .
=S=> BGB 1493. 3 The registry of births , deaths and marriages in which conclusion of marriage has been registered must notify the family court of the registration .

=U5= Sec1494 -- Section 1494 Death of the surviving spouse
-- =S=> BGB 1494. 1 The continued community of property ends on the death of the surviving spouse .
=S=> BGB 1494. 2 If the surviving spouse is declared to be dead , or if the date of his death is established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , the continued community of property ends at the time that is deemed to be the time of death .

=U5= Sec1495 -- Section 1495 Action of a descendant for termination
-- =S=> BGB 1495 A descendant entitled to a share may take legal action against the surviving spouse for termination of the continued community of property if his future rights may be substantially endangered by the fact that the other spouse is incapable of managing the marital property or abuses his right to manage the marital property , if the surviving spouse has violated his duty to grant maintenance to the descendant and a substantial endangerment of the maintenance is to be feared in the future , if the management of the marital property falls under the area of responsibilities of the custodian of the surviving spouse , if the surviving spouse has forfeited parental custody for the descendant or , if he had been entitled to it , would have forfeited it .

=U5= Sec1496 -- Section 1496 Effect of the judicial termination decision
-- =S=> BGB 1496 The termination of the continued community of property takes effect in the cases of section 1495 when the judicial decision becomes final and absolute . It takes effect for all descendants , even if the judicial decision was pronounced in response to the legal action of one of the descendants .

=U5= Sec1497 -- Section 1497 Legal relationship until partitioning
-- =S=> BGB 1497. 1 After the termination of the continued community of property , the surviving spouse and the descendants partition the marital property .
=S=> BGB 1497. 2 Until the partitioning , their legal relationship to the marital property is governed by sections 1419 , 1472 and 1473.

=U5= Sec1498 -- Section 1498 Implementation of the partitioning
-- =S=> BGB 1498 The partitioning is governed by the provisions of sections 1475 , 1476 , section 1477 ( 1 ) , sections 1479 and 1480 and section 1481 ( 1 ) and ( 3 ) ; the place of the spouse who managed the marital property alone is taken by the surviving spouse , and the position of the other spouse is taken by the descendants entitled to a share . The duty set out in section 1476 ( 2 ) sentence 2 exists only for the surviving spouse .

=U5= Sec1499 -- Section 1499 Obligations borne by the surviving spouse
-- =S=> BGB 1499 In the partitioning , the surviving spouse bears the following : the marital property obligations for which he was responsible at the beginning of the continued community of property for which the marital property was not liable or which he bore as between the spouses ; the marital property obligations that arise after the beginning of the continued community of property which , if they had arisen as personal expenses of his during the period of marital community of property , would have fallen on him as between the spouses ; an advancement which he promised or granted to a descendant entitled to a share in excess of the amount corresponding to the marital property or which he promised or granted to a descendant not entitled to a share .

=U5= Sec1500 -- Section 1500 Obligations borne by the descendants
-- =S=> BGB 1500. 1 The descendants entitled to a share must allow obligations of the deceased spouse which the latter bore as between the spouses to be set off against their share when the partitioning is carried out to the extent that the surviving spouse has not been able to obtain repayment from the heir of the deceased spouse .
=S=> BGB 1500. 2 In the same way , the descendants entitled to a share must allow whatever the deceased spouse was obliged to reimburse to the marital property to be set off against them .

=U5= Sec1501 -- Section 1501 Set-off of lump sum payments
-- =S=> BGB 1501. 1 If a descendant entitled to a share has been granted a lump sum payment from the marital property for waiving his share , the payment is included in the marital property when partitioning takes place and is set off against the half due to the descendants .
=S=> BGB 1501. 2 The surviving spouse may , even before the termination of the continued community of property , enter into an agreement to a different effect with the other descendants entitled to a share . The agreement must be notarially recorded ; it is also effective in relation to the descendants who enter the continued community of property only at a later date .

=U5= Sec1502 -- Section 1502 Right of surviving spouse to take over property
-- =S=> BGB 1502. 1 The surviving spouse is entitled to take over the marital property or individual objects that are part of it in return for reimbursement of the value . The right does not pass to the heir .
=S=> BGB 1502. 2 If the continued community of property , on the basis of section 1495 , is terminated by judicial decision , the surviving spouse does not have the right set out in subsection ( 1 ) . The descendants entitled to a share may in this case take over in return for reimbursement of the value the objects that the deceased spouse would be entitled to take over under section 1477 ( 2 ) . The right may be exercised by them only jointly .

=U5= Sec1503 -- Section 1503 Division among the descendants
-- =S=> BGB 1503. 1 More than one descendant entitled to a share take parts of the half of the marital property that accrues to them in accordance with the proportion of the shares to which they would be entitled in the case of intestate succession as heirs of the deceased spouse if the latter had not died until the time of the termination of the continued community of property .
=S=> BGB 1503. 2 What they have received previously is set off under the provisions governing set-off among descendants , except to the extent that such a set-off was effected when the estate of the deceased spouse was divided .
=S=> BGB 1503. 3 If a descendant who has waived his share has been granted a lump sum payment from the marital property , this sum is borne by the descendants who are benefited by the waiver .

=U5= Sec1504 -- Section 1504 Adjustment of liability between descendants
-- =S=> BGB 1504 To the extent that the descendants entitled to a share under section 1480 are liable to the marital property creditors , they are liable as between each other in the proportion of their shares to the marital property . The liability is restricted to the objects allotted to them ; the provisions of sections 1990 and 1991 that govern the liability of the heir apply with the necessary modifications .

=U5= Sec1505 -- Section 1505 Supplementation of the share of a descendant
-- =S=> BGB 1505 The provisions on the right to supplement the compulsory share are applied with the necessary modifications in favour of a descendant entitled to a share ; the termination of the continued community of property takes the place of the devolution of the inheritance , the share of the descendant in the marital property at the time of termination is deemed to be the share of the inheritance on intestacy , and half of the value of this share is treated as the compulsory portion .

=U5= Sec1506 -- Section 1506 Unworthiness to receive a share
-- =S=> BGB 1506 If a descendant of the spouses is unworthy to inherit , he is also unworthy to receive a share of the marital property . The provisions on unworthiness to inherit apply with the necessary modifications .

=U5= Sec1507 -- Section 1507 Certificate on continuation of the community of property
-- =S=> BGB 1507 The probate court , on application , must grant the surviving spouse a certificate confirming the continuation of the community of property . The provisions on the certificate of inheritance apply with the necessary modifications .

=U5= Sec1508 -- Section 1508 repealed
--
=U5= Sec1509 -- Section 1509 Exclusion of the continued community of property by testamentary disposition
-- =S=> BGB 1509 Each spouse may , for the eventuality that the marriage is dissolved by his death , by testamentary disposition exclude the continuation of the community of property if he is entitled to deprive the other spouse of the compulsory portion or to institute proceedings for termination of the community of property . The same applies if the spouse is entitled to petition for the annulment of the marriage and has filed the petition . The exclusion is governed by the provisions on the removal of the compulsory portion , with the necessary modifications .

=U5= Sec1510 -- Section 1510 Effect of exclusion
-- =S=> BGB 1510 If the continuation of the community of property is excluded , the same applies as in the case of section 1482.

=U5= Sec1511 -- Section 1511 Exclusion of a descendant
-- =S=> BGB 1511. 1 Each spouse may , for the eventuality that the marriage is dissolved by his death , by testamentary disposition exclude a descendant of the spouses from the continued community of property .
=S=> BGB 1511. 2 The excluded descendant may , notwithstanding his right of succession , require payment from the marital property of the continued community of property of the amount that would be due to him from the marital property of the marital community of property as a compulsory share if the continued community of property had not commenced . The provisions governing the claim to a compulsory portion apply with the necessary modifications .
=S=> BGB 1511. 3 In the partitioning , the amount paid to the excluded descendant is charged to the descendants entitled to a share under section 1501. As between the descendants , it is charged to the descendants who are benefited by the exclusion .

=U5= Sec1512 -- Section 1512 Reduction of the share
-- =S=> BGB 1512 Each spouse may , for the eventuality that on his death the continued community of property occurs , by testamentary disposition reduce the share of the marital property to which a descendant entitled to a share has a claim after the end of the continued community of property by up to one half .

=U5= Sec1513 -- Section 1513 Deprivation of the share
-- =S=> BGB 1513. 1 Each spouse may , for the eventuality that on his death the continued community of property occurs , by testamentary disposition deprive a descendant entitled to a share of the share of the marital property to which that descendant is entitled after the end of the continued community of property if the spouse is entitled to deprive the descendant of his compulsory share . The provision of section 2336 ( 2 ) to ( 4 ) applies with the necessary modifications .
=S=> BGB 1513. 2 If the spouse is entitled under section 2338 to restrict the descendant's right to a compulsory share , he may subject the share of the descendant in the marital property to a corresponding restriction .

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