Who owns the apartment bought during the marriage? Is a spouse liable for the other’s business debts? What happens to savings if the marriage ends? In Bulgaria the answers depend on the matrimonial property regime that applies to the couple — and since 2009 spouses have been able to choose it. For international couples the choice is particularly valuable, because it replaces uncertainty about “which country’s rules apply to us” with a clear, registered arrangement.

Three regimes to choose from

The Family Code offers three options:

• the statutory community of property;
• the statutory separation of property;
• a contractual regime, set out in a marriage contract.

The future spouses declare their choice when they marry. If they choose nothing — which is still what most couples do — the statutory community applies automatically. The regime can be changed at any time during the marriage.

Statutory community of property

Under the default regime, real rights acquired during the marriage as a result of the spouses’ joint contribution belong to both of them jointly, regardless of whose name appears on the title deed. Joint contribution is presumed, and it is understood broadly: money and work, but also caring for the children and running the household.

What stays personal:

• property owned before the marriage;
• property received by inheritance or as a gift during the marriage;
• items for ordinary personal use and for the exercise of a profession;
• property acquired entirely with personal funds — though the spouse who claims this must prove it;
• bank deposits, which belong to the spouse in whose name the account is held.

The community is a joint ownership without shares. Neither spouse can dispose of “his or her half” while the marriage lasts, and disposing of jointly owned real estate requires the participation of both. When the community ends — on divorce, on death, or on a change of regime — it becomes ordinary co-ownership in equal shares. In a divorce the court may award a larger share to a spouse whose contribution was significantly greater.

Statutory separation of property

Under separation, everything each spouse acquires during the marriage is his or her personal property, and each manages and disposes of it independently. This suits couples where one or both run a business, have substantial assets of their own, or have children from earlier relationships.

Separation is not absolute indifference to the other’s contribution. When the marriage ends, a spouse who contributed — through work, funds, childcare or housework — to what the other acquired may claim a corresponding part of its value. And each spouse still owes a contribution to the family’s expenses.

The marriage contract

A marriage contract lets the spouses design their own regime. It may be signed before the wedding, taking effect on the day of marriage, or at any point during it. The contract may regulate only property relations, for example:

• the rights of each spouse in property acquired during the marriage — and in property owned before it;
• how property is managed and disposed of, including the family home;
• each spouse’s share in household expenses and in obligations;
• the property consequences of divorce;
• maintenance between the spouses during the marriage and after divorce, and maintenance of the children.

The spouses may adopt one of the statutory regimes with modifications — for instance, separation in general, but community for the family home. Whatever the contract does not cover is governed by the statutory community.

Limits

A marriage contract may not contain dispositions on death — those belong in a will, within the limits of the reserved shares. It may not regulate personal relations, such as fidelity or where the couple will live, and it cannot pre-determine parental responsibility in a way that binds the court. Clauses that are contrary to mandatory law or good morals are void, and a spouse may ask the court to set aside or amend a contract if circumstances have changed so much that it seriously endangers his or her interests, the children or the family.

Form and registration

The contract is concluded in person by the spouses — not through representatives — in writing, with notarial certification of both its content and the signatures. If it transfers rights in real estate, it is also entered in the Property Register.

The chosen regime — whichever of the three it is — is recorded in the Central Electronic Register of Matrimonial Property Relations kept by the Registry Agency. The register is public, and this has a practical consequence: a marriage contract or a choice of separation can be relied on against third parties, such as creditors and buyers, when it has been registered.

The family home

One protective rule applies whatever the regime. Where the family home is the personal property of one spouse, he or she may dispose of it only with the consent of the other, if they do not own another home; failing consent, the regional court may authorise the transaction if it is not detrimental to the children and the family. Buyers of residential property in Bulgaria will therefore always be asked about the seller’s marital status.

Debts

Spouses are jointly liable for obligations undertaken to meet the needs of the family. For other debts each answers personally. Under the community regime, a creditor of one spouse can enforce against that spouse’s half of jointly owned assets; under separation or a suitable contract, the other spouse’s property is out of reach. For entrepreneurs and professionals exposed to business risk, this is often the main reason to choose a regime other than the default.

International couples: which law applies?

Bulgaria participates in the EU Matrimonial Property Regulation (Regulation (EU) 2016/1103). For couples who married, or chose the applicable law, on or after 29 January 2019, the following applies:

• The spouses may choose the law governing their property regime: the law of the state where either is habitually resident, or the law of either spouse’s nationality, at the time of the choice.
• Without a choice, the applicable law is that of the spouses’ first common habitual residence after the marriage; failing that, their common nationality; failing that, the state with which they are most closely connected.

This default can produce surprises. A Bulgarian-British couple who married in Sofia but set up their first home in Madrid are, without a choice, governed by Spanish matrimonial property law — even if they later move back to Bulgaria and buy property here. A short choice-of-law agreement, usually as part of a marriage contract, removes the doubt.

Is a foreign prenuptial agreement valid in Bulgaria?

In principle, yes: an agreement validly concluded under the law applicable to it is recognised. To be effective against third parties in Bulgaria — and to avoid arguments at the notary’s office when property is bought or sold — it should be presented, with apostille and certified translation, for entry in the Bulgarian register, and its real estate provisions reflected in the Property Register where appropriate. Couples who own or plan to buy property in Bulgaria should have their existing agreement reviewed from a Bulgarian-law perspective.

When is a marriage contract worth considering?

• One or both spouses own significant assets before the marriage, or expect an inheritance.
• One spouse runs a business or practises a profession with personal liability.
• There are children from a previous relationship whose interests need protecting.
• The spouses have different nationalities or expect to live in more than one country.
• One spouse will step back from a career to care for the family and wants that contribution recognised in advance.

A marriage contract is not a sign of distrust. It is a way of deciding calmly, and together, questions that are otherwise decided later by default rules — or by a court.

Last reviewed: November 2026. This article provides general information about Bulgarian law and is not legal advice. Every case depends on its own facts and documents.

Need advice on a specific situation? Contact Rositsa Astakova, Attorney-at-Law in Sofia — consultations are available in English, Spanish and Bulgarian, in person or remotely.