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German Law/inherited property in marriage


Am a foreigner married to a German for 4 years and we have a 3 year old kid am contemplating divorce my father in law has left a lot of property to us
My husband is a selfish who wants it all
please let me know what the German law says about inherited property

Hello Valence,

if your father left the property to you, it is excluded from marital property and your husband has no claim to it in the course of the dissolution of the marriage ( 1374 II BGB).

However, you said that your father left the property "to us". If your father has given property to your husband or if you are both the joint owners, then your husband can keep these property rights.

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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