Two hands folded over a contract, with a pen and a ring. - ©© Krivis/Depositphotos.com

Divorce property: When your ex-partner refuses to move out

At the beginning of a relationship, happiness seems perfect. But not all couples stay happy forever. When owners of joint property divorce, the question arises: Who gets to stay and who has to go? This is a tricky matter, especially if the marriage did not end by mutual consent.

Avoid disputes and arguments about the family home

If couples cannot agree during divorce proceedings, there is a risk of a partition sale. This often results in financial losses. Therefore, please do not let it get that far. Agree on what will happen to your former home. This will prevent it from eventually being sold below market value in a foreclosure auction. A real estate professional trained as a mediator can also settle disputes between couples going through a divorce and advise them on the options available for the property.

Clarify ownership

Let's assume that the property is owned equally by the spouses. To clarify the ownership situation, it is worth taking a quick look at the land register. This immediately raises the question of how to deal with the separation. There is no easy way to get rid of an unpleasant ex-partner. In the best case scenario, the former lovebirds will be able to discuss the upcoming changes rationally, without getting too emotional, and act accordingly.

After the separation: leave or stay in the property as a statement

Once the separation is final, often only one spouse remains living in the former family home. The person who leaves of their own accord relinquishes their right of ownership to the home. In plain language, this means that they may only enter the property with the consent of their ex-partner.

David versus Goliath: When neither ex-partner is willing to move

If both ex-partners are attached to the property, a high court decision is required. The court will decide who has to leave. The welfare of any minor children is the main consideration. In plain language, this means that the partner with whom the children live is allowed to stay. After all, the children should remain in their familiar surroundings and not be further unsettled.

The downside of staying in the property

The question arises: Has the spouse remaining in the property hit the jackpot? The answer is yes and no. Although they are allowed to remain in their familiar home, they must pay compensation to their ex-partner for use of the property.

What does the separation mean for property ownership?

Once the year of separation has passed, the ex-partners must consider what will happen to their former dream home. They could gift it to their children during their lifetime, or one spouse could transfer their share to the other, making them the sole owner of the property. It is also possible to leave everything as it is and simply rent out the property. Finally, the property can also be divided into two separate residential units.

Have you separated and need advice regarding your divorce property? Then get in touch. 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

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.

Photo: © Krivis/Depositphotos.com

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