When couples make in marriage is no contractual provision, the General principle is:
- Who gets married without a prenup, living in a so-called community of accrued gains.
- Can't some of the spouses, it can lead to foreclosure. The results of the sale value is probably significantly below the market value.
- Common real estate loans are also repaid after the divorce of the two parties together.
these provisions, the real estate service provider McMakler points.Who is entitled to what when the house sale?
Is listed a spouse as the sole owner of the property in the land book, so the house belongs to him even after the divorce alone. Beware, however: This in no way means that he can do with the property what he wants. "Pending a final divorce, the sole owner of the company needs the consent of his spouse, if he wants to sell the property," explains Matthias Klauser, head of broker sales from McMakler.
the property Belongs to the spouses in equal Parts, or proportionally, there are several ways in dealing with the common property.divorce with or without a pre-nup
the Couple signed no prenuptial agreement, arises after the marriage, a community of accrued gains. This means that the assets of the individual spouses even during the marriage. It is a compensation of the Gain is carried out only.
the during the marriage acquired assets will be divided between the spouses. "Common property is difficult to divide, and are therefore more complicated factor for gain compensation, since it is a pure money claim for payment," says expert Klauser of McMakler. Anwalt.de (ad) Now simply your free prenuptial agreement create!
One of the solutions was to sell the joint property and the sales proceeds split. It is important that the separate partners to pull together and decisions – otherwise high level of financial losses could occur. From the point of view Klausers, it is advisable to pull for the real estate valuation expert as soon as possible.
If prenuptial agreements are also considered to be unromantic, they make it easy according to the expert Klauser the process of a divorce significantly. Marriage contracts contain detailed agreements on the division of property, maintenance payments and pensions.
This could be individual solutions meeting: "A prenup is a good way to have a different property than it is to agree on the community of accrued gains." A further advantage is that A separate contract could be retro-fitted to current life conditions adjust.As Compensation, sharing work and foreclosure
If one of the two spouses overrides the other his share in the common property, he receives a compensation payment in the appropriate amount.
who was now The sole owner may use the property or sell it.
Are both Ex-Partner, the owner, wants to sell a property, it can come to the so-called division of auction .
This can be one of the spouses apply to the competent district court. "In the case of a split auction of the house is a foreclosure, what to rush, often with a financial night for both of the spouses is connected", so expert Klauser. The reason is that In the case of a compulsory auction, the highest bid automatically gets the award, even if it is less than the market value significantly below.tip: the house in the separation year without the pressure of time
sell it Comes to a separation, most couples initially to a spatial separation. This means that One spouse moves out of their property.
the Extended Talks within six months after his statement no serious intentions to Return from, the legislature establishes the following facts: The solid spouse leaves, the remaining spouse is the sole utilizable right. Because of the has object, the living Partner is now a housing benefit, the Extended a fee for the Use. Real estate Atlas 2020
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to Choose the spouse for the divorce application or separation of a year to sell the property, you can expect the. "A house sale without the pressure of time has the advantage that the sale price is often considerably higher than in the case of sales, which are completed under time pressure", the real estate expert of McMakler.real estate loans at a glance
In most cases, keep the common house was financed using a joint loan. The loan must also be after the divorce will still be repaid.
it Comes to a dispute, and one of the two partners no longer pays its share, you can contact the Bank with your claims expressly against both borrowers. In the case of refusal of payment the Bank can auction the object forced. The same applies if the spouse is not a payment possible.
Also to note: If one of the spouse want to be released from the loan contract, the desire is the first credit institution to be clarified. Weeks after the outbreak - German peace of mind because of infection, FOCUS Online/Wochit weeks after the outbreak - German peace of mind because of infection
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