
Divorce: How to save your real estate assets
The legal framework of your marriage has a significant impact on how your real estate assets are handled in the event of a divorce. There are three main types of property regimes:
- Community of accrued gains (standard without a prenuptial agreement): Any increase in assets during the marriage is divided equally.
- Separation of property: Both spouses retain their own assets; there is no equalization.
- Community of property: All assets are jointly managed and shared.
If there is no marriage contract, the provisions of the community of accrued gains automatically apply. In this case, the increase in value of the property during the marriage is divided, which influences the financial outcome of the divorce.
Real estate valuation: an indispensable step
A professional real estate appraisal is necessary to ensure a fair distribution of real estate assets. It provides clarity about the current market value of the property and helps to make fair decisions. Have the valuation carried out by an independent expert to avoid disputes later on.
Possible solutions
There are several options for dealing with jointly owned property:
- Sale of the property
- takeover by one spouse
- Renting out the property
- Division of ownership
What is appropriate in your particular case depends on your individual situation.
Tax and legal aspects
Divorces often have tax implications. For example, capital gains tax may be payable on the sale of real estate if less than ten years have elapsed between the purchase and sale and the property has not been used by the owner. You should also clarify any changes to the land register at an early stage to avoid unnecessary costs or delays.
Involvement of experts
It is advisable to seek legal and financial support during this difficult phase:
- Family lawyer: Provides support with legal clarification.
- Tax advisor: Advises on tax consequences and optimization options.
- Real estate expert: Helps with valuation and accompanies you during a possible sale.
Conclusion
The division of real estate assets in a divorce is complex, but can be made much easier with a structured approach. By consulting experts in good time, having a professional real estate appraisal carried out, and taking tax and legal aspects into account, you can avoid financial losses and set the course for a stable future.
Are you unsure about the best solution for your divorce property? Contact us! We will be happy to advise you.
Note
For reasons of better readability, the generic masculine form is used in this text. Female and other gender identities are expressly included insofar as this is necessary for the statement.
Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts of your specific case clarified by a lawyer and/or tax advisor.
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