Hans Luther was born in Berlin on 10 March 1879 into a Lutheran family as the son of Otto (1848-1912), a well-off merchant, and Wilhelmine Luther (née Hübner).
After attaining the Abitur at the Leibniz-Gymnasium/Berlin, Luther studied law at Geneva, Kiel and Berlin from 1897-1901. His teachers included Otto von Gierke, Franz von Liszt, Heinrich Brunner, Gustav von Schmoller and Hugo Preuss. In 1904, Luther was awarded a Dr.jur. for his dissertation Die Zuständigkeit des Bundesrats zur Entscheidung von Thronstreitigkeiten innerhalb des Deutschen Reiches. He passed the Assessor exam in 1906 and worked in the Prussian administration, in 1906/07 at the city council of Charlottenburg, now a part of Berlin.
Luther was married twice. From 1907-1924 to Gertrud (née Schmidt, 1880-1924) and from 1953 to Gertrud Sioli (née Mautz). He had three daughters from his first marriage.