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Equalization of Accrued Gains

Balancing out the assets acquired during the marriage upon divorce.

Under the statutory matrimonial property regime of the community of accrued gains, the increase in assets earned during the marriage is equalized upon divorce. Whoever achieved the greater gain pays the other half of the difference.

The relevant statutes

§ 1378 BGB

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General explanation for self-help, not legal advice (RDG). Individual cases may differ: if in doubt, contact a consumer advice center or a lawyer.