I'm getting divorced and we have property in multiple EU countries. Which law governs the split?

What the Law Says

EU Regulation (EU) 2016/1103 establishes uniform rules for determining which national law applies to matrimonial property regimes in cross-border situations.

This regulation applies when at least one spouse is habitually resident or a national of an EU country bound by it. It entered into force on 29 June 2019 and currently applies in 14 EU Member States: Belgium, Bulgaria, Croatia, Cyprus, Czechia, Estonia, France, Germany, Greece, Italy, Latvia, Lithuania, Slovenia, and Sweden.

By default, the applicable law is that of the state where the spouses first established their habitual residence after marriage. If they never lived together in the same country after marrying, the law of their common nationality applies — and if there is no common nationality, the law of the state with which they jointly have the closest connection.

Crucially, spouses may choose the law of a country of which at least one is a national, or the law of the state where one is habitually resident — but only through a written agreement made before or during the marriage.

Statutory Text

The matrimonial property regime shall be governed by the law of the State in which the spouses have their first common habitual residence after the celebration of the marriage.

— Regulation (EU) 2016/1103, Art. 22(1)

Statutory Text

Spouses may choose the law applicable to their matrimonial property regime… provided that the law chosen is the law of a State of which at least one of them is a national or in which at least one of them has his or her habitual residence.

— Regulation (EU) 2016/1103, Art. 22(3)

Sources