Divorce
Important topics
Who gets the house?
Real estate is designed to last forever, but marriages are not always. Almost every second marriage in Germany ends in divorce, and the parties often face complicated asset questions.
But what is the regulation for real estate in the event of a divorce?
Does the house always belong to both spouses in equal parts? Is one party allowed to sell, even if the other does not want to? And what are the regulations for the sale of the property?
Who gets the house after the divorce?
There is no fundamentally correct answer to this question, because the legislator does not regulate the further procedure with the property in the divorce proceedings. Here, the former spouses must find an agreement themselves.
In general, there are various ways to clarify the continued existence of the property:
Joint house sale
Transfer of the share of the other spouse
Division of the property
Joint auction of the property
My partner wants to sell the house, I don't
The best way after a divorce is to sell the property together. However, if there is no agreement, no sale can take place. However, there are numerous other options available to agree here.
Take over ownership share
One spouse can take over the share of the partner, should the partner agree to this. If there are disputes or ambiguities about the market value of the property, it is advisable to consult a specialist and, in case of doubt, have a qualified valuation report prepared, which will stand up in court.
Rental of real estate
If neither of the spouses wants to sell the property, it is also possible to rent it out and continue to share the proceeds. The costs of the house are then also divided between both parties. Depending on the constellation, this creates a potential for tension, which should be considered.
Establishment of home ownership
You can’t just saw a house in two? No, not that, but an apartment building can be divided relatively easily. For this, an architect must prepare a partition plan.
The partition plan is part of the declaration of separateness, which forms the basis for the declaration of division. The partition plan shows the sections and floor plans of the house to be divided.
prepare, which the spouses then jointly, within a declaration of division
The declaration of division regulates the relationships among the apartment owners (see Law Book Owners Association). It states which parts of the building constitute separate property and which constitute common property.
The own share of the house can then be inhabited, rented or – even against the will of the ex-partner – sold.
Division auction
As a last resort, if you cannot agree with your ex-partner, you have the option of a division auction. You must apply for this at the local district court. A major disadvantage of such an auction is that the property is usually sold below its market value. In addition, there are ex-partners who let it come to an auction in order to bid for the share of the ex-partner themselves at a favorable price. An auction should therefore always be the last resort for the spouses.
Please do not hesitate to contact us if you have any further questions. We will be happy to advise you comprehensively and also have excellent contacts with relevant specialist lawyers.
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