Most couples never think about their property regime until something forces the question: a divorce, a death, a bank asking whose consent is needed to sell. For couples living in Bulgaria with ties to other countries, there is an extra layer — which country’s rules apply at all.
Three regimes under the Bulgarian Family Code
| Regime | How it works | Typical fit |
|---|---|---|
| Community (the default) | Property acquired during the marriage through joint contribution belongs to both spouses jointly (contribution is presumed); on termination, each is treated as owning half; inheritances, gifts and pre-marital assets stay personal | Couples who do not choose otherwise |
| Separation | Each spouse owns what they acquire; ordinary household expenses are shared | Couples with separate businesses or significant individual assets |
| Contractual | The spouses design their own rules in a marriage contract, within the limits of the law | Couples who want a tailored arrangement, for example for a family business |
The choice of regime is declared when the marriage is concluded and can be changed later.
Making a marriage contract
Content
The contract can cover existing and future property, management and disposal, the property consequences of divorce, and maintenance between the spouses and for children of the marriage. It cannot contain dispositions in case of death (except on the spouses’ shares when an agreed community ends). It cannot override mandatory rights — for example rights of children.
Form
Signed personally by both spouses, in writing, with the content and signatures notarised; where it transfers rights in real estate, before a notary in the district where the property is located. It can be concluded before the marriage or at any time during it.
Registration
The contract is entered in the Register of Spouses’ Property Relations kept by the Registry Agency. Registration is what makes it effective towards third parties such as banks and buyers.
Property entries
Where the contract affects real estate, the relevant entries are also made in the Property Register.
Which law applies to an international couple?
For couples who married or chose their applicable law on or after 29 January 2019, EU Regulation 2016/1103 on matrimonial property regimes applies in Bulgaria and the other participating member states. Spouses can choose the law of the country where one of them is habitually resident, or the law of the nationality of either spouse. Without a choice, the law is usually that of the couple’s first common habitual residence after the marriage.
The practical consequence: a couple living in Sofia may be subject to German or Russian matrimonial property law — or the other way round — and a Bulgarian notary or court will need to apply it. A clear written choice of law avoids that uncertainty.
On divorce
Under the community regime, joint property is presumed to be shared equally. A spouse whose contribution was significantly larger can ask the court to increase their share. Property acquired with personal funds — for example the proceeds of selling a pre-marital flat — can be excluded if its origin is proven, which is why keeping records matters. Divorce by mutual consent allows the spouses to settle property, the home, children and maintenance in a single agreement approved by the court.
Questions clients ask
We married abroad. Does Bulgarian law apply to our property?
Not necessarily. It depends on when you married, whether you chose a law, and where you first lived together. For marriages and choices from 29 January 2019, the EU Regulation decides; for earlier marriages, the Bulgarian Private International Law Code applies.
Can we sign a marriage contract after many years of marriage?
Yes. A marriage contract can be concluded at any time during the marriage. It does not affect rights that third parties have already acquired.
Does my spouse need to consent to the sale of our home?
Under the community regime, disposing of jointly owned property requires both spouses. The family home is specifically protected, so buyers and notaries will check the marital status of the seller.
This guide is general information about Bulgarian law as it stood on the date of publication. It is not legal advice for your specific case.