Divorce
Who gets the house?
Real estate is built to last forever, but marriages are not always. Almost every second marriage in Germany is divorced and it is not uncommon for the parties to face complicated property issues.
But what are the rules on real estate in the event of a divorce?
Does the house always belong equally to both spouses? Is one party allowed to sell even if the other does not want to? And what are the regulations in the event of a 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 continuation of the property:
- Joint house sale
- Taking over 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 jointly. However, if there is no agreement, no sale can take place. However, there are then numerous other possibilities to come to an agreement here.
Take ownership share
One spouse can take over the share of the other spouse if the latter agrees. If there are disputes or uncertainties about the market value of the property, it is advisable to call in an expert and, in case of doubt, to have a qualified valuation carried out which will stand up in court.
Renting the property
If neither spouse 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 the two parties. Depending on the constellation, there is a potential for tension here that should be considered.
Establishment of home ownership
You can’t just saw a house in half? No, you can’t, but it is relatively easy to divide an apartment building. To do this, an architect must draw up a partition plan.
The partition plan is part of the declaration of completeness, which is the basis for the declaration of division. The partition plan shows the sections and floor plans of the house that is to be divided.
The spouses then draw up the plan jointly within a declaration of division.
The declaration of partition regulates the relationships among the owners of the flat (see Code of Condominium Owners’ Associations). It specifies which parts of the building are separate property and which are common property.
The declaration must be notarised. The owner’s share of the house can then be lived in, rented out or sold – even against the will of the ex-partner.
Partition auction
As a last resort, if you cannot come to an agreement with your ex-partner, you have the option of a partition auction. You must apply for this at the local district court. The big disadvantage of such an auction is that the property is usually sold below its market value. In addition, there are ex-partners who will go for an auction in order to buy the ex-partner’s share at a favourable price. An auction should therefore only ever 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 extensively and also have the best contacts to the relevant specialist lawyers.
Do you need further advice or information? Then please feel free to contact us for non-binding advice.
