8 What does the law provide for the property of registered and non-registered partners?

The registered partnership is based on the Eingetragene Partnerschaft-Gesetz (EPG) and is reserved for homosexual couples. According to § 27c IPRG, registered partners in a cross-border context may freely choose the law to be applied. Otherwise, the law of the state in which the partnership was registered is to be applied. The Austrian matrimonial property law provisions also apply to the registered partnership (§ 1217 para. 2 ABGB). The condominium property community under § 13 WEG and the prohibition on alienation and encumbrance under § 364c ABGB are also applicable. The division of the partners’ property of daily use as well as the partners’ savings takes place in accordance with §§ 24-41 EPG, which are modelled on §§ 81-98 EheG.

There are no special property rights provisions for unregistered extra-marital cohabitations, and an analogous application of §§ 81et seq EheG on the property division after dissolution of the marriage has been rejected by the legal practice. The general provisions of the law of obligations and of property law are applied.