Real estate in the event of a divorce: tips for fair division

Real estate in the event of a divorce: tips for fair division

The conclusion of a marriage marks a significant step in life that symbolizes both the emotional and financial connection between two people. Divorce can lead to complex situations, particularly in cases where property is brought into the marriage. In such scenarios, it is crucial to keep the legal and financial aspects in mind, especially when it comes to dividing property ownership.

When it comes to the property regime in Germany, a distinction is made between community of gains, separation of property and community of property. In the context of the community of gains, the legal matrimonial property regime, sole ownership of a property is generally retained, but can play a role in determining the equalization of gains. It is important to find out whether a property is considered sole ownership and which assets belong to the final assets.

With separation of property, the assets of both spouses remain separate even after marriage. If a property is acquired jointly during the marriage and both partners are registered as owners in the land register, the property value must be equalized after a separation. Various methods such as selling, renting or paying out the value can be used, although a court decision can be used in the event of disagreements.

In community of property, the assets of the partners merge at the beginning of the marriage to form a common asset, which is viewed as “common property”. The law also provides for special property that cannot be divided and reserved property that is subject to special conditions. This can be particularly relevant when determining real estate ownership in the marriage contract in order to prevent apartments and houses from being part of the common property to be divided after the separation.