Property in the event of separation or divorce: What you need to consider
The regulation of ownership and use of a property is one of the most important issues in the event of separation or divorce. Find out which legal aspects are relevant and what options you have.
Ownership and utilisation: the basics
After a separation, one of the partners often stays in the shared property while the other moves out. In many cases, the partner stays in the house with the minor children in order to maintain their familiar surroundings. If the partner moving out wishes to take the children with them, this must be agreed by mutual consent.
- Right of return: After more than six months, a return to the shared home is generally no longer legally enforceable.
- Decision by the court: If no one wants to move out, the court decides who may stay in the property based on the best interests of the child.
Compensation for use if a partner remains
If one partner moves out and the other remains in the shared property, compensation for use is due:
- The remaining partner pays a rent that may initially be lower than the standard local rent.
- If these living conditions continue beyond the divorce, the rent can be adjusted to a regular amount.
- Alternatively, the residential value advantage can be taken into account in the equalisation of gains.
Sale of the property in the year of separation
It is already possible to sell the property during the year of separation and does not have to wait until the divorce. This offers several advantages:
- Reduce time pressure: An early sale ensures less stress.
- Create liquidity: The proceeds can be used for the equalisation of accrued gains.
- Create clarity: The prerequisite is that both partners are certain to divorce and neither wants to stay in the property.
Conclusion: Clear regulations create security
Whether selling, letting or remaining in the property - the right decision requires careful consideration and legal advice. With a clear regulation, you can avoid conflicts and create the basis for a smooth transition.
Get non-binding advice now
Robert Schüßler
Property valuer (EIA and IHK)
Note: This text is for information purposes only and does not constitute legal or tax advice. Please consult an expert if you have individual questions.
