2

If I make art like digital paintings, will my spouse own the original files? What about copies of the originals being sold? Is it possible that whatever I do with my creativity can be owned by my spouse after marriage or not?

2
  • Of course we need your jurisdiction to begin to present an answer. Jan 20 '20 at 19:05
  • I live in Belgium.
    – robby
    Jan 20 '20 at 19:19
1

No

It would either be :

  1. 100% owned by both of you (the Common Estate regime which is what happens if you don’t have a marital contract), or
  2. 100% by you (or whatever is detailed in your marital contract).

For 1., being 100% owned by both of you is different from owning 50% each. For example, you can’t sell your “share” to a third party without your spouse’s permission.

For 2., if the marriage ends in divorce, part of what the wealthier party owns (up to 1/3) can be claimed by the other party.

3
  • The question is ambiguous. I would think that pre-marital painting stay separate upon marriage and that only paintings created during the marriage would be part of the common estate. It isn't clear which scenario is being asked about. (Admitting that I may be wrong.)
    – ohwilleke
    Jan 20 '20 at 22:45
  • With "digital paintings" I assume the value is really in the copyright. And copyright might have different rules than normal property.
    – gnasher729
    Jan 21 '20 at 21:12
  • 1
    @gnasher729 I can’t say for Belgium but in Common Law countries IP is just personal property like a car or TV are.
    – Dale M
    Jan 21 '20 at 21:39

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