Spouses' inventory of property brought into the marriage (Austria)

Austria
Deutsch
Legal
Record & Protocol
Print & sign
2 pages · 0 sold

Published byDocMuse

This document is in German

The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.

A record in which spouses in Austria set down what each brought into the marriage, inherited or was given by a third party — exactly what is not divided on divorce (§ 82 Abs 1 EheG, the Austrian Marriage Act). With an optional advance agreement on the other marital property in use, which needs only written form (§ 97 Abs 1 EheG). The marital home, savings and marriage contracts need a notarial deed and are not included. Because of § 4 Abs 2 Z 1 SVG the document is printed and signed by both spouses by hand. In German.

What you fill in

The details the document asks for.

  • First spouse
  • First spouse's academic degree
  • First spouse's date of birth
  • First spouse's address
  • Second spouse
  • Second spouse's academic degree
  • Second spouse's date of birth
  • Second spouse's address
  • Date of the marriage or civil partnership
  • Brought into the marriage by the first spouse (item, value, proof)
  • Inherited by the first spouse or given to them by a third party (item, from whom, when)
  • Brought into the marriage by the second spouse (item, value, proof)
  • Inherited by the second spouse or given to them by a third party (item, from whom, when)
  • Advance agreement on the other marital property in use
  • Advance agreement: who receives which household items and other property in use
  • City
  • Date

Preview

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Common questions

What is divided on divorce in Austria, and what is not?
Austria's default regime is separation of property (§ 1237 ABGB). When a marriage is dissolved by divorce, annulment or a declaration of nullity, the marital property in use and the marital savings are divided (§ 81 EheG). Not divided are, among other things, things one spouse brought into the marriage, inherited or was given by a third party (§ 82 Abs 1 EheG). A marital home brought in can still be included, for instance where the other spouse or a child of both depends on it. The inventory helps prove these exceptions.
Which agreements on dividing property need a notarial deed in Austria?
An agreement made in advance on the marital savings or on the marital home is valid only as a notarial deed; one on the other property in use, such as household contents and the car, needs written form (§ 97 Abs 1 EheG). Marriage contracts such as community of property also need a notarial deed (§ 1 Abs 1 lit a NotAktsG), and so do a sale, a loan or an acknowledgement of debt between spouses (lit b). This document therefore holds only the inventory and, if wanted, the agreement on the other property in use.
Why must the spouses' inventory in Austria be signed by hand?
The advance agreement on property in use is a family-law declaration for which the law requires written form. Without a handwritten signature on paper it is valid only if a notary or lawyer confirms in the document that they explained its legal consequences (§ 4 Abs 2 Z 1 SVG). So print the document and both sign it by hand on the same paper; each keeps a copy. Attach copies of proof such as purchase contracts or the court's decision handing over an estate (Einantwortungsbeschluss).

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.

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