1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?

The financial relations of spouses shall be governed by the law of the State of which both spouses are nationals at the time of evaluation. (The common nationality of spouses is the one held by both spouses. If the spouses have more than one common nationality, the common nationality with which the spouses have the closest connection having regard to the entire range of circumstances shall apply.) If at the time of evaluation the nationality of the spouses is different, the law of the State where the joint habitual residence of the spouses is located, or in the absence thereof, the State where the last joint habitual residence of the spouses was located shall apply. If the spouses had no joint habitual residence, the law of the State of the acting court shall be applicable (Art. 24 and 27 of Act XXVIII of 2017 on International Private Law).

Hungary has legal assistance treaties which are also relevant for the determination of the applicable law with the following countries: Albania, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Cuba, Czech Republic, Kosovo, Macedonia, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia and Vietnam.

1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?

Yes, the spouses may agree to designate the law applicable to their property regime provided that it is one of the following laws:

1. the law of any State of which either party is a national at the time the agreement was reached;
2. the law of the State of the habitual residence of either party at the time the agreement was reached; or
3. the law of the State where the acting court is located.

Parties to the marriage (the future spouses) shall also have the right of choice of law. The choice of law shall be made at the latest in the preparatory stage within the court-imposed deadline. Unless otherwise agreed by the spouses, the choice of applicable law made with respect to the property regime of the spouses shall have legal effect for future considerations only. (A marriage contract shall be considered valid from a formal point of view also if it is in compliance with the law of the State where it was concluded.)

(Art. 28 and 29 of Act XXVIII of 2017 on International Private Law)

2.1. Please describe the general principles: Which goods are part of community property? Which goods are part of the separate estates of the spouses?

Unless otherwise provided in their marriage contract, after marriage, the spouses are subject to the community of property regime for the duration of their joint marital life (statutory matrimonial property regime). Upon entering into marriage, the statutory matrimonial property regime will become effective also retroactively for the time of the spouses’ life partnership preceding marriage.

(Art. 4:34 (2) and 4:35 (1) of the Act V of 2013 on the Civil Code [hereinafter: Civil Code])

All assets acquired jointly or individually by the spouses during the marital community of property form part of the undivided common property of the spouses, except for assets belonging to a spouse's separate property (see below). Profits from separate assets also form part of the common property if these profits were accrued during the joint marital life. Any administrative or maintenance costs and charges for these assets are deducted from the profits.

(Art. 4:37 (1) and (3-4) of the Civil Code)

The separate assets of each spouse include:

• assets acquired before the beginning of the marital community of property;
• assets inherited or received as a gift and assets received without compensation during the marital community of property;
• rights of the spouse as the proprietor of intellectual property, except for the royalties due during the marital community of property;
• any compensation received for personal injury;
• assets of personal use of customary value;
• assets substituting separate assets, and anything of value acquired for such assets.

If an asset replaces an asset of customary value which was the separate property of one of the spouses and which was used during the spouses' common everyday life, the new asset becomes part of the common property after five years of joint marital life.

(Art. 4:38 (1-3) of the Civil Code)

2.2. Are there legal assumptions concerning the attribution of property?

The assets belonging to the spouses during the marital community of property will be considered to be part of the spouses' common property unless otherwise provided for in the Civil Code or unless it is proven that they belong to the separate property of one of the spouses.

Moreover, if an obligation – relating to the common property or to the separate property of either spouse – was fulfilled during the existence of the marital community property, it has to be considered as having been fulfilled from the common property, unless proven otherwise. If value was added to the common or separate property while the marital community of property was in effect, it will be assumed that the source of the added value (e.g. by investment, renovation or maintenance) came from the common property, unless proven otherwise. (Art. 4:40 (1-2) of the Civil Code)

2.3. Should the spouses establish an inventory of assets? If so, when and how?

Under Hungarian law, the spouses are not required to establish an inventory of assets.

2.4. Who is in charge of the administration of the property? Who is entitled to dispose of the property? May one spouse dispose of/administer the property alone or is the consent of the other spouse necessary (e.g. in cases of disposal of the spouses’ home)? What effect does the missing consent have on the validity of a legal transaction and on opposability towards a third party?

Either spouse may use the assets belonging to the common property, according to their purpose. Neither of the spouses should exercise this right with prejudice to the rights and lawful interests of the other spouse. Both spouses together are entitled to administer the assets of their common property.

Either spouse can claim the permission of the other spouse for activities that are necessary to protect and maintain their common property. Urgent measures for the protection of assets may be taken by either spouse without the consent of the other spouse. However, the other spouse should be notified thereof without delay.

(Art. 4:42 (1-2) of the Civil Code)

Special rules are applicable to the use and the administration of the assets belonging to the common property, but serving for the pursuit of the profession or private entrepreneurial activity of one of the spouses. The Hungarian law also prescribes special rules in respect of the exercise of membership or shareholders’ rights if the spouse is a member or shareholder of a sole proprietorship, a cooperative society or a company.

(Art. 4:43 (1-2) of the Civil Code)

During the community of property the spouses shall be able to make any disposition relating to their community property collectively, or subject to the other spouse’s consent. As regards an agreement concluded by one of the spouses during the community of property, no formal requirements apply to the other spouse’s consent. (

(Art. 4:45 of the Civil Code)

Any contract for pecuniary interest concluded by a spouse during the community of property shall be presumed - unless otherwise provided for in the Civil Code - to have been concluded with the other spouse’s consent if the contracting third party was aware, or should have been aware that the other spouse had not given his/her prior consent for the contract.

If the spouse concluded a contract aimed at satisfying his/her everyday needs or within the framework of the pursuit of his/her profession or business activity, the other spouse may invoke the lack of his/her consent only if having specifically expressed to the contracting third party his/her objection before the contract was concluded.

(Art. 4:46 of the Civil Code)

Neither of the spouses shall be entitled to dispose over the real estate property serving as the jointly owned family home of the spouses during community of property, or during the time period between the termination of the marriage and the division of community property without the other spouse’s consent. In that case the other spouse’s consent shall not be presumed.

(Art. 4:48 of the Civil Code)

2.5. Are any legal transactions made by one spouse also binding on the other?

Where a spouse enters into a contract involving community property, he/she shall cover any debts arising out of or in connection with such contract from his/her separate property and from his/her share of the community property.

Where a spouse did not take part in concluding a contract that the other spouse entered into with his/her consent, the non-participating spouse is only liable against third parties with his/her share of the community property.

(Art. 4:49 of the Civil Code)

Where a spouse did not consent to a contract concluded by the other spouse regarding community property, and no consent can be presumed or the presumption has been rebutted, the spouse shall not be held liable for any obligation arising out of or in connection with that contract. A contract concluded without the spouse’s consent shall have no effect against him/her if the acquiring party acted in bad faith or had a gratuitous advantage originating from the contract. If the other spouse concluded the contract with his/her relative, bad faith and gratuitous nature shall be presumed.

(Art. 4:50 of the Civil Code)

2.6. Who is liable for debts incurred during the marriage? Which property may be used by creditors to satisfy their claims?

Community property of the spouses shall include the burdens of their common assets and they shall collectively shoulder the debts arising out of or in connection with obligations undertaken by either of the spouses during community of property. Community property shall not include those assets, burdens and debts which are treated as separate property of either spouse.

(Art. 4:37 (2) and (4) of the Civil Code)

Apart from statutory maintenance obligations, any debt arising out of or in connection with an act that took place before the onset of the joint marital life shall be charged to the separate property. Separate property shall include the burdens on assets forming part of separate property and the interest on any debt treated as separate liability.

Separate property shall include any debt incurred during joint marital life:

• that is related to the acquisition or maintenance of separate property, excluding the expenses related to the proceeds of such separate property and to the maintenance of assets which are used or utilized by the spouses collectively;
• that is related to a spouse’s disposition of his/her separate property;
• by one spouse without consideration upon community property, without the consent of the other spouse;
• and resulting from any unlawful and intentional conduct, or gross negligence of the spouse, if the debt is in excess of the other spouse’s enrichment.

Even if a debt belongs to the separate property of a spouse, in relation to third parties the other spouse is also liable for it.

(Art. 4:39 (1-4) of the Civil Code)

The costs of maintenance and administration of the assets of community property, the costs of maintaining the common household and the expenses for supporting and raising the common children of the spouses shall primarily be covered from the community property. If the community property is insufficient to cover these costs and expenses, they shall be covered from the spouses’ separate property as commensurate. If only one of the spouses has separate property, the funds required to cover the outstanding expenses shall be made available by that spouse.

(Art. 4:44 of the Civil Code)

3.1. Which provisions can be modified by a contract and which cannot? Which matrimonial property regimes may be chosen?

Parties to the marriage and spouses may arrange their relationship in terms of property by means of a marital agreement for the duration of their matrimonial relationship. (Art. 4:34 (1) of Act V of 2013 on the Civil Code [hereinafter: Civil Code]).

The function of the marriage contract is to permit the parties to the marriage or the spouses to define a property regime - in lieu of marital community of property - with a view to governing their property relationships during the marriage from the time specified in the agreement. In the marriage contract the parties may define several different property regimes relating to certain specific assets, and they may even deviate from the rules on statutory and optional property regimes, if such deviation is not precluded by the Civil Code. (Art. 4:63 of the Civil Code)

The Civil Code regulates two optional matrimonial property systems in detail: the marital property acquisition regime and the separation of property system, but in a matrimonial property contract it is not mandatory to choose one of these systems. (Art. 4:69-4:73 of the Civil Code)

The parties to the marriage or the spouses may make prior arrangements for the use of the common home of the spouses for the dissolution of the marriage or the termination of the matrimonial relationship. The agreement shall be considered valid if executed in an authentic instrument or in a private document countersigned by an lawyer. The parties shall also have the option to make arrangements for the use of the common home in the marriage contract. (Art. 4:78 of the Civil Code)

However, it is contrary to good morals and therefore null and void if a contract gives almost all of the separate assets and all of the common assets to one spouse without real compensation to the other spouse.

3.2. What are the formal requirements and who should I contact?

The marriage contract is valid if it is an authentic instrument, in which case it has to be drawn up by a civil law notary, or a private instrument, in which case it has to be countersigned by a lawyer. (Art. 4:65 (1) of the Civil Code). The approval of the guardian authority is required for the validity of marriage contracts, if the spouse is under the age of eighteen years or his/her capacity in respect of making legal statements relating to property has been partially limited. (Art. 4:64 (2) of the Civil Code)

3.3. When may the contract be concluded and when does it come into effect?

The spouses may enter into a marriage contract personally prior to or after the marriage. If it is concluded prior to marriage, it comes into effect upon commencement of the joint marital life of the spouses. If it is entered into after marriage, it takes effect after it has been signed, unless otherwise provided by the spouses. (Art. 4:64 (1) of the Civil Code)

A marriage contract shall not contain any clause having retroactive effect for changing, to the detriment of a third party, any obligation a spouse may have in dealing with third parties arising before the marriage contract was concluded. (Art. 4:67 (1) of the Civil Code)

3.4. May an existing contract be modified by the spouses? If so, under what conditions?

The spouses may amend or terminate the marriage contract during their matrimonial relationship. Any amendment to and the termination of marriage contracts shall be governed by the provisions on the scope and validity of contracts. (Art. 4:66 of the Civil Code)

3.5. Can a matrimonial contract be given retroactive effect according to the national law in your country, when spouses conclude this contract during marriage?

Yes, but the matrimonial contract shall not contain any clause having retroactive effect for changing, to the detriment of a third party, any obligation a spouse may have in dealing with third parties arising before the matrimonial contract was concluded.

(Article 4:67 (1) of the Civil Code)

4.1. Do one or more matrimonial property registers exist in your country? Where?

Yes, the National Register of Marriage and Partnership Contracts (hereinafter: Register) exists since 15 March 2014.

4.2. Which documents are registered? Which information is registered?

The Register contains the following data:

• the existence of the contract;
• the first name, the surname (also the maiden name) and the date and place of birth of the contracting parties as well as their mothers’ first names and maiden surnames;
• the identification number and the date of the authentic instrument/the date of the private document countersigned by an attorney which includes the contract;
• the name and seat of the notary, the identification number and the date of the registration;
• in case of termination of the contract, the fact of the termination, the name and seat of the registering notary, the identification number and the date of registration.

(Art. 36/K of the Act XLV of 2008 on Certain Non-Litigious Notarial Procedures)

4.3. How and by whom can the information in the register be accessed?

Anyone with a legal interest is entitled to require information on the existence of the contract and take notes of the related information for own purposes. The request - which is subject to fees - can be made at any Hungarian notary. The notary can deliver the information on the existence if the enquirer gave him/her the data (see under 4.2.) of one of the contracting parties and if the same person attested his/her legal interest.

Upon request, the notary delivers a certificate on the existence or non-existence of a contract in the register. Information on the content of the contract can be delivered only upon the written permission of one of the contracting parties. This kind of request can be made at the notary who registered the existence of the contract or its modification, deletion or termination. The competent notary in probate proceedings makes query of the Register in electronic form in order to inquire whether the deceased was a contracting party of a marriage contract. Should this be the case, the notary requires the transmission of the contract.

(Art. 36/K (3-5) and (10) of the Act XLV of 2008 on Certain Non-Litigious Notarial Procedures)

4.4. What are the legal effects of registration (validity, opposability)?

A marriage contract shall be considered effective against third parties if the contract is recorded in the Register, or if the spouses are able to prove that the third party was aware, or should have been aware that such contract existed, including its contents.

(Art. 4:65 (2) of the Civil Code)

Unless the contrary is proven, the Register attests with authenticity that the recorded contract exists.

(Art. 36/H (4) of the Act XLV of 2008 on Certain Non-Litigious Notarial Procédures)

4.5. Can a matrimonial contract concluded in a foreign state according to foreign law be registered in your country and if so, under which conditions?

A matrimonial contract concluded in a foreign state according to foreign law cannot be registered into the Register of Marriage and Partnership Contracts. In accordance with the Act XLV of 2008 on Notarial Non-Contentious Procedures only those matrimonial contracts can be registered which were drawn up in accordance with the Hungarian Civil Code. 

(Article 36/H (1) of Act XLV of 2008 on Notarial Non-Contentious Procedures)

5.1. How is the property (rights in rem) divided?

The share of a spouse from community property shall be established based on the status and value prevailing at the time of termination of community of property. Any change in value between the time of termination of community of property and the division of community property shall be taken into consideration, except if it is attributable to any conduct of either spouse. The division of specific items of community property shall be governed by the provisions on the termination of joint ownership, with the proviso that division in kind is not allowed if objected to by either of the spouses on reasonable grounds. These provisions shall also apply to the division of rights and claims forming part of community property.

(Art. 4:60 of the Civil Code)

For the distribution of the assets, the court shall take into account the spouses’ agreement. The assets which are required by one of the spouses for the pursuit of his/her profession or private entrepreneurial activities shall in principle accrue to that spouse.

(Art. 4:61 (1-2) of the Civil Code)

Separate property existing at the time of termination of community of property shall be allocated in kind, except when this is not possible on account of the mixing of assets or if division is likely to considerably diminish the value of community property or separate property.

(Art. 4:62 of the Civil Code)

The dissolution of the marriage or the termination of the joint marital life shall not in itself terminate the right of tenancy of the spouse who resides in a home under the other spouse’s legal title (e.g. a home which is exclusively owned by the other spouse).

(Art. 4:77 (2) of the Civil Code)

5.2. Who is liable for existing debts after the divorce/separation?

After the termination of the community of property, the spouses are liable for the joint debt in proportion to their respective shares in the common property, i.e. on a 50-50% basis.

If a specific asset is burdened with debt, it shall be covered by the spouse who gained ownership of the asset following distribution.

(Art. 4:61 (4) of the Civil Code)

5.3. Does one spouse have a claim to an equalisation payment?

In the course of division of community property, claims can be made for compensation for any expenses spent from community property on separate property, from separate property on community property and from the separate property of one spouse on the separate property of the other spouse, including the settlement of debts burdening the property of the other spouse.

Compensation claims shall be settled in accordance with the provisions on determining the value of the spouses’ shares (see point 5.1.). Compensation for any expenditures made from separate property for covering common expenses may be claimed under exceptional circumstances.

There shall be no right of compensation if it has been waived by the spouse. There are no formal requirements for the waiver, however, the burden of proof lies with the spouse who relies on the waiver.

Where an expenditure results in a considerable increase in the value of real estate property, the spouse entitled to compensation may also lay claim to an ownership share corresponding to the increase in the property’s value.

There shall be no right of compensation if there is no community property at the time when the community of property is terminated and the spouse liable to provide compensation has no separate property either.

(Art. 4:59 of the Civil Code)

In case of death of one spouse, the matrimonial property regime is terminated and the common property will be divided according to the principles described under 5.1. and according to the dispositions of the marriage contract. The surviving spouse receives his/her share whereas the other part of the common property goes to the deceased's estate, which is then divided pursuant to the provisions of the inheritance law.

If there are descendant legal heirs of the deceased spouse, the surviving spouse shall be entitled to lifelong usufruct of the family dwelling used together with the deceased, including furnishings and appliances, and shall receive the same share as a child from the remainder of the estate.

(Art. 7:58 (1) of the Civil Code)

If there is no descendant, or if the descendant is excluded from succession, the surviving spouse shall inherit the family dwelling used together with the deceased, including furnishings and appliances. One half of the remaining estate shall be inherited by the surviving spouse, whereas the other half shall be inherited by the testator’s parents. If a parent is debarred from succession, the other parent and the surviving spouse shall receive equal shares.

(Art. 7:60 of the Civil Code)

If there is no descendant or parent, or if they are excluded from succession, the surviving spouse shall receive the entire estate.

(Art. 7:61 of the Civil Code)

Hungarian law does not provide for a special matrimonial property regime for multinational couples.

The provisions on the spouses' property relations can be applied analogously to registered partnerships (which may come into existence between persons with identical gender only) (Art. 3 (1) a)-c) of Act XXIX of 2009 on Registered Partnership and Related Legislation and on the Amendment of Other Statutes to Facilitate the Proof of Cohabitation).

As of 1 January 2010, same-gender couples and mixed-gender couples are equally entitled to request the registration of their partnership with a civil law notary. This registration has to be distinguished from the one described in the first paragraph. It does not create any new rights or obligations but merely facilitates proof of the existence of the partnership (Art. 36/E-36/G of Act XLV of 2008 on Certain Non-Litigious Notarial Procedures).

Since 15 March 2014, partners may arrange their property relations by means of a contract for the duration of their partnership. The contract shall be considered valid if executed in an authentic instrument or in a private document countersigned by an attorney. The partnership contract may contain any provision relating to property rights which could also apply to married couples under a marriage contract or in accordance with the Civil Code.

A partnership contract shall be considered effective against third parties if the contract is recorded in the national register of partnership contracts, or if the partners are able to prove that the third party was aware, or should have been aware that such contract existed, including its contents. The provisions pertaining to the register of marriage contracts shall apply mutatis mutandis to the register of partnership contracts.

(Art. 6:515 of the Civil Code)

Unless otherwise provided for by the partnership contract, the partners shall be considered independent in their property acquisitions during their cohabitation. If cohabitation is terminated, either partner may request the division of property jointly acquired during the period of cohabitation. Any property that would be considered separate property in the case of marriage shall not be treated as jointly acquired property.

Partners shall be entitled to a share of jointly acquired property primarily in kind, in proportion to their contribution. Work done in the household, in child-raising and also in the other partner’s enterprise shall be construed as contributing to acquisition. If the ratio of contribution cannot be determined, it shall be considered equal, unless this would constitute inequitable financial loss in respect of either of the partners.

Unless otherwise provided for in the Civil Code, the provisions on the marital deferred community of property regime shall apply mutatis mutandis to the protection of a partner’s share in jointly acquired property and to the division of jointly acquired property among the partners.

(Art. 6:516 of the Civil Code)

The partners may enter into an agreement on the further use of their common home following the termination of their partnership before entering into and during the civil partnership. The agreement shall be considered valid if executed in an authentic instrument or in a private document countersigned by an attorney.

(Art. 6:517 of the Civil Code)

Hungarian courts shall have jurisdiction relating to the personal and property relations of spouses if:

1. the defendant spouse’s habitual residence is in Hungary,
2. the spouses’ last common habitual residence was in Hungary, provided that the habitual residence of either of the spouses is still in Hungary at the time of filing for action, or
3. both spouses are Hungarian citizens.

If the relationship is settled within the framework of proceedings on matrimonial ties, it may be heard by a Hungarian court if it has jurisdiction for such proceedings. Hungarian courts shall have jurisdiction in proceedings relating to matrimonial property rights if the specific property to which the proceedings pertain is situated in Hungary. If a Hungarian court has jurisdiction in a case of succession, the scope of such jurisdiction shall also cover questions of law in matrimonial property rights arising from succession. Hungarian courts shall have jurisdiction in proceedings concerning the legal effects of registered partnerships if:

1. it was established in Hungary, or
2. at least one of the registered partners is a Hungarian citizen.

(Art. 102 and 103 of Act XXVIII of 2017 on International Private Law)