Property sale on divorce - your options

A separation or divorce often raises the question of what to do with the joint property. There are many possible options and a neutral property expert can help you find the best solution. Some estate agents are even specially trained as mediators to defuse emotional tensions.

  1. House sale during the separation periodThe sale of a property can already take place during the statutory year of separation if it is clear that reconciliation is out of the question. An early sale helps to avoid disputes during the divorce. However, if the relationship is strained, other solutions are often favoured.
  2. House sale after the end of the year of separationAfter the year of separation, one partner can demand the sale of the property. If no agreement is reached, there is the option of taking legal action for consent. Alternatively, a real estate agent with mediation skills can help to find a joint solution and avoid legal disputes.
  3. Partition auctionIf the parties cannot agree on a selling price, a partition auction is an option. In this case, the property is auctioned through a local court. However, this harbours the risk of the proceeds being significantly lower than the market value and additional costs, e.g. for an expert opinion. This option should therefore be weighed up carefully.
  4. Find the right estate agentAn estate agent with mediation skills is ideal for finding a fair solution for both parties. It is important to jointly agree on a neutral property expert. If there is uncertainty, a lawyer can be involved in the selection process.

Further information:

Legal notice: This article does not constitute tax or legal advice in individual cases. Please clarify your individual case with a lawyer or tax advisor.

Photo: © maxxyustas / Depositphoto

Disclaimer: Note: This article reflects the status at the time of publication. It is not updated on an ongoing basis. We reserve the right to make changes to case law, the market or legislation.

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