Two hands pull on a string that is about to break in the middle. A wedding ring hangs from the string. - ©© costasz/Depositphotos.com

Divorce property: when one party continues to live there

For many people, a happy marriage and their own home are the fulfillment of their life goals. But what happens to the property when the marriage ends? Who gets the right to live there? And what options are available for dealing with the property?

In principle, both former partners are allowed to live in the jointly owned property for a certain period of time after separation. If use continues beyond the divorce, the entry in the land register also has an effect on the subsequent right of residence. However, there are exceptions to every rule. Under certain circumstances, the family court may also grant a right of residence to the ex-partner who does not own the property. When who has the right of residence also depends on the timing. Different rules apply during the year of separation and after the divorce has been finalized.

Before the divorce is finalized

Even if only one ex-partner is listed as the owner, neither party may evict the other from the property during the entire separation period. After all, during this period, it is still considered the marital home. If one spouse wants to move out but the other is not willing to do so, a housing allocation procedure can be requested. A family court judge will assign the joint property to one of the spouses. This decision is only valid until the end of the separation period.

If the ex-partner is violent or harms the welfare of the children

If one of the ex-partners is violent, a protection order can also be sought. The ex-partner who poses a danger to the other and to the welfare of the children will be removed from the property. If one of the spouses moves out during the separation period, they are entitled to compensation for use. Until the divorce is final, the spouse who uses the property pays a regular amount to the other spouse. In some cases, this also applies after a protection order against violence. The amount of compensation must be calculated. The local rent index also influences the amount of the payment.

After the divorce

After separation, one of the former partners can sell their share of the property to the other. This requires a professional valuation in advance so that the share can be paid out fairly. If only one former partner is the owner and wants to move out, it is possible to rent the property to the other party. If the sole owner wishes to remain in the property, this is only possible if the ex-partner would not suffer undue hardship by moving out. This may be the case, for example, in the event of serious illness.

If the property has not yet been paid off

If the property still needs to be paid off, it is important to check whether the remaining ex-partner can pay the monthly installments. Owners should sit down with the loan partner to discuss this. If the payments cannot be continued alone, selling the property is often the better solution. And no matter what you decide, owners should make the decision together. A regional, impartial, and jointly selected real estate agent can provide owners with valuable support thanks to their experience and market knowledge.

Are you going through a separation or are you already divorced and don't know what to do with your property? Then get in touch with us. We will be happy to help you.

Notes

For reasons of readability, the generic masculine form is used in this text. Female and other gender identities are expressly included where necessary for the meaning of the text.

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific case.

Photo: © costasz/Depositphotos.com

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