Sell the property or… rent it out?! Do what?!

Selling before, during or after the divorce is finalized.

Divorce Procedure

Divorce Process – Petition, Pension Equalization & Appointment – The process of a divorce depends significantly on whether it is contested or amicable. Consensual divorces can be final within minutes at the family court, while contested divorces often drag on for months.

• Divorce Procedure

Divorce: What happens to my property

Those who decide to get married and marry, in most cases, intend to spend life with their spouse forever and share everything that belongs to them. When getting married, no one thinks about the fact that there will eventually be a divorce and possibly even a dispute over belongings. But in 2017, the divorce rate in Germany was over 36 percent, which shows that unfortunately not all marriages last forever. Often cheating, daily life including routine or even financial problems are the reasons for divorce.

Questions, answers, tips and procedure for separation

When a divorce leads to a home sale, you should be well informed. Are you in the process of a divorce or would you like to file for one? Ideally, you have the opportunity to talk reasonably and objectively about the separation with the partner to be divorced? Then the question now becomes: who owns what? If you own a joint property such as a house, you should now ask yourself: who owns the house and how can this be divided after the divorce?

• Divorce: Sell property

Sell house fast

Selling a house quickly – Selling a house is a complex matter and involves many different steps. From the creation of an appealing advertisement to the valuation of the property and the subsequent legal steps, such as the purchase contract and the appointments with the notary. During all these steps, various points must be taken into account in order to complete the property sale as profitably and quickly as possible.

• Sell house fast

Renting and managing

Letting and managing in divorce.

Manage real estate despite separation

Separation pain – time for great happiness: marriage, children and a joint property. These are the dreams of many couples. But unfortunately, everything rarely works out the way you dreamed it would. It is not all too rare for life to throw a spanner in the works. Many people are devastated after a breakup and do not have the strength to even care about the division of the joint property. In such cases, it often makes sense to put the management of the joint property in the hands of an experienced real estate agent.

• Manage real estate despite separation

Rent out real estate

Important facts when renting out a house or apartment – Renting out a property can be a great side income, but it can also become your main job. Landlords have many responsibilities to the tenant and must take care of the property. However, if this is successful, a lot of profit can come from it.

How do I set the rental price correctly? How does my advertisement appear appealing? And how do I draw up a suitable and fair rental contract? All these questions are asked by a future landlord, because in order to successfuly rent out a property, a lot of expertise and experience is required. However, if you follow a few simple steps, you will make the leap to becoming a successful landlord and profit from the earnings.

• Rent out real estate

There is a lot to learn when it comes to renting. Take your time.

Law: Legal

Divorce legalities.

Divorce Law

Divorce law comes into play in the event of a divorce between spouses. This is regulated in §§ 1564 ff BGB (German Civil Code) and in § 111 FamFG (Law on Proceedings in Family Matters). Which regulations there are and how a divorce proceeds, you can find out now with us!

• Divorce Law

Divorce settlement

Divorce settlement agreement – If a divorce can no longer be avoided, it should at least be settled amicably between the two spouses. An amicable divorce is the easiest and most cost-effective for all parties involved. A divorce settlement agreement helps to make divorce by mutual consent as uncomplicated as possible and settles all the important issues relating to a divorce in advance. These usually include maintenance claims, the division of assets and custody of the joint children.

• Divorce settlement

Alimony, tax bracket, children

Divorce is no longer an exceptional situation these days. In 2017, around 38 percent of closed marriages divorced. In addition to the emotional roller coaster ride experienced by those affected, legal questions also tend to rob people of their sleep. What happens to the jointly acquired household goods? What about maintenance claims? What is to become of the joint house in which the couple lived together and wanted to grow old together?

• Alimony, tax bracket, children

Separation maintenance

It happens more often than you might think. After a few years of marriage, couples find that things are no longer working as they should and thoughts of separation come up. However, marriage is a big responsibility and separation can also have big legal and financial implications. So such a step should be well thought out and carefully planned. Good communication between the spouses is essential. The experts at Lukinski explain what you can expect when it comes to separation maintenance and how you can best deal with such a situation.

• Separation maintenance

Hardship divorce

A hardship divorce is a last resort. If there is such a valid reason for an immediate divorce without observing a separation year, it is possible to apply for a hardship divorce at a family court. However, these divorces are only the very last resort and are therefore the absolute exception.

• Hardship divorce

Name change

Change of name after divorce – Often, after a divorce, spouses wish to change their surname to bring closure to the divorce, or simply to resume their birth name. However, there are a few things to keep in mind when doing so, which are outlined in the Civil Code. To give you an overview of the most important facts, the experts at Lukinski explain the topic of name change after divorce in detail.

• Name change

Pension rights adjustment: pension after marriage

In most divorces, the equalisation of pensions must be carried out by the family courts. This regulates the entitlements and prospects of a pension due to old age or reduced earning capacity that the spouses have acquired during the marriage. Marriages of up to three years must apply for pension equalisation, all others can exclude it before the notary or structure it more closely.

• Pension rights adjustment

Pension entitlement

Pension entitlement after divorce – Those who want a divorce face many unanswered questions. One of them is the pension and how this is treated in the divorce. In this context, couples are confronted with the word pension equalization, which means nothing other than that the pension rights acquired during the marriage are divided between the spouses.

• Pension entitlement

Emotional

Emotional aspects of a breakup:

Separation with children

A separation involving joint children is a challenge for all concerned. Legal and organisational changes occur mainly for the parents, but the most important thing is probably the emotional burden and how the parents deal with these changes. Children should always be taken into account when separating and therefore certain behaviours must be observed.

• Separation with children

Grounds for Divorce

Life goals, infidelity, disputes – in every relationship there are different problems and thus also different reasons that speak for a separation or divorce. But often there are similar reasons, such as infidelity, violence, but also jealousy or drug abuse.

• Grounds for Divorce

Excerpt

A breakup is painful and requires patience and stamina from those involved. While emotions are running high, it is difficult to think clearly and to talk about the separate ways in the future. The question of the joint house and the spatial separation soon arises. At the latest after the divorce papers have been filed, the spatial separation is legally required for the separation year in order to carry out a legal divorce.

• Move out of the shared house

Separation year

Separation year – in every marriage there are crises. However, if these are insurmountable, it often comes to separation and the desire for divorce. However, before this can be made legally binding, the couple must go through a separation year. But why is this separation year needed at all and how does the divorce proceed after the year?

• Separation year

Divorce and real estate: The most important questions and answers

Whatever type of property you have to sell after your divorce: It depends on the location. When selling an apartment, selling a house, selling a plot and even more so when you are looking to sell multi-family houses. The location of your real estate is a decisive valuation factor. So is the substance and the equipment. Selling privately means accepting risks and making mistakes. From property valuation, contracts, taxes and costs.

If a divorce leads to the sale of a house, you should be well informed accordingly.

You are in the process of divorce or would like to file for divorce? Ideally, you have the opportunity to discuss the separation sensibly and objectively with the partner to be divorced? Then the question arises: Who owns what? If you own a joint property such as a house, you should now ask yourself: who owns the house and how can it be divided after the divorce?

If you live in a house together for years, you usually don’t ask yourself: who actually owns it? Living together also suggests a common house and there is rarely another “mine” and “yours”, but often an “ours”. Since the interior decoration was also usually chosen according to the ideas and wishes of both spouses, the feeling of togetherness is enormously strengthened.

Topic divorce: Articles and guides

Before we go into detail – into the sale – here are more detailed articles about divorce and house sale or apartment sale.

Facts and figures: Children, procedure and maintenance

• Hardness case separation
• Manage real estate
• Pension entitlement
• Divorce with child
• Divorce proceedings
• Subsequent divorce agreement
• Divorce law
• Maintenance

Life: Reasons, year of separation and change of name

• Living apart
• Change of name
• Grounds for divorce
• Year of separation

Foreword – Free tip? Yes!

All my tips in this guide are free of charge for you. As real estate brokers, we broker real estate from 1 million Euro sales value under the category luxury real estate. We give you here gladly Tipps and cheat for your sales, free of charge, in detail and step by step explained. Please also pay attention to our links, here you will find more detailed information on the individual topics. Should you wish to sell your property with us: Do you know what our unbeatable advantage is? We independently reach more than 250,000 readers per month, which means 3 million people per year. We are independent from common real estate portals and reach a solvent, special target group. In addition, we offer internal buyer groups and investors in our Off Market area, to whom you have no access via usual offers. Read more here: Real Estate Agents.

Who owns the house / condominium ?

If a married couple decides now however no more together to live and divorce to want, it is unimportant, which feeling developed, but the facts are regarded. Crucial for it, to whom the house belongs, is always the entry in the land register. In the land register you will always be able to find the owner who was registered when the property was purchased. If you are registered there alone, you are automatically the sole owner of the property. A registered sole owner is usually chosen if the purchase was made before marriage, for example, or if there were certain advantages to registering only one spouse. If there is only one sole owner in the land register, it is legally very clear who owns the property. Nevertheless, the other spouse is not simply thrown out of the house, even if the registered sole owner has a power of instruction that allows him/her to ask the other spouse to move out of the house. This request to move out is connected with a granted time, which must be granted to the moving out partner. In addition, the sole owner must bear the costs of the move. Furthermore, the non-owner can be granted a right of residence, which can also be limited.

Two owners: Proposed solutions

If both spouses are the owners of the house or also of the condominium, both persons must also have been entered in the land register. If this is the case, the spouses can go several ways in a divorce.

Firstly, it is possible to sell the house to a third party, secondly the house can be partially auctioned or thirdly one spouse can transfer his or her shares to the other. If the house is to be sold to a third party, you have chosen the most pleasant and easiest way, because the house is divided up, so to speak. The common property is sold and the proceeds from the sale are divided among themselves. This process is fast and afterwards you and your still or ex-spouse can go separate ways.

What happens with the children?

However, if children are involved, the soon to be divorced couple usually wants to keep the property at least for the children, so as not to tear them out of their familiar surroundings. It is not uncommon for parents who are divorced and own a joint property to decide against selling it to a third party. They do not like to expect their children to change the city or place, to get used to new people and a new environment and to have to move out of the house in which they were born and grew up or are still growing up.

However, it must also be clarified again to whom the property belongs and if both spouses are owners, they must find a common solution. Here it is often advisable that the spouse who leaves the house transfers the own shares to the spouse who will still live in the house – probably with the children. When this happens and the shares are transferred, all ownership is transferred to the partner who will remain living in the house. However, the transfer is only effected by full payment of the shares in the house. Both the sale to third parties and the payment of the shares in the property presuppose that the spouses can reach an agreement and want to find solutions together.

Divisional auction

Unfortunately, this is not always the case, because divorces are often associated with injuries and many emotions, which can lead to the hardening of the fronts and the couple not being able to reach an agreement. In this case it is possible to apply for a division auction. A division auction aims to dissolve a community that has existed up to now. In this type of auction, the real estate, which is considered an indivisible property, is converted into money that can be divided. This money, however, still belongs to the community and will be deposited in case of disagreement about division or payment. A division auction should always be the last possibility to “get rid” of a house through a divorce.

Equalization of gains, sole ownership and joint ownership

Everything about the equalization of gains, sole ownership and joint ownership.

Earnings equalization – gains for both spouses in case of divorce

If two people enter into a marriage without a marriage contract, they live in a community of gain according to the law. An increase is defined as the amount by which the final assets of a spouse exceed the initial assets. During the marriage the two fortunes remain thus separated and with the divorce a reconciliation of the increase of the fortunes takes place. Each spouse should therefore leave the marriage with the same amount of gain. The experts from Lukinski explain how the difficult topic of real estate is dealt with when balancing the gain.

If only one of the spouses is registered in the land register as owner of the real estate, the real estate belongs to this spouse alone even after the divorce. During the separation period, a court can also assign the property to the non-owner for use, but only if this spouse cannot find an affordable apartment for himself or her and their joint children. However, the ownership of this property does not change as a result.

However, real estate also has financial consequences in the case of compensation for gains. A property that was bought, built or extended or modernized during the marriage represents an increase in value and is therefore relevant for the compensation of gains. An inherited real estate, or one that was already part of the property before marriage, is only included in the compensation for gains if it was modernized or developed during the marriage. During the divorce, however, the owner of the real estate may not simply do what he wants with the property. If the divorce or the separated gain adjustment proceedings are not yet completed, the ex-partner’s consent is required for the sale, for example.

Joint ownership – different solutions

If the real estate belongs to the married couple equally or even proportionately, it becomes difficult in the case of divorce, because the question of how to proceed with the common real estate after the divorce is not always easy to answer. Who may live in the property, will it be sold or further financed? This problem comes from the fact that with the divorce the co-ownership does not end at the same time. Divorced couples are therefore still jointly responsible for the property even after the divorce. There are different approaches to the issue, which are better or worse suited depending on the situation:

• The property can be taken over by one partner by paying the other one. However, this represents a gain that affects the compensation for the gain.
• The property can be transferred to a common child and both spouses look for something new.
• Depending on the conditions of the property, a large detached house can be converted into a two-family house. If the spouses so wish, the property can be divided into two equally self-contained units.
• The real estate can be sold and the profit is divided proportionally between the spouses
• If no agreement can be reached on the future of the property, the last resort is the division auction, in which the property is publicly auctioned off by an enforcement court.

Current real estate loans in divorce – communication between the spouses

If real estate is financed by a loan, it must still be repaid after the separation. How this problem is to be dealt with, however, must be dealt with independently of the other real estate issues. A common solution is to change the payment method. If the main wage earner has repaid the loan until the separation, after the divorce the repayment can run over both partners in equal parts. If the joint home ownership is transferred to one spouse, the repayment contract can also be changed accordingly.

Sales: Procedure and checklist (free of charge)

Real estate sales after divorce – the prices for houses, free-hold apartments and basic rises continue to rise. The trend to the own four walls continues, determined also a study of the Federal association of the German people banks and Raiffeisen banks (BVR):. In 2017 the prices for owner-occupied housing rose again by 5.4 percent. The high demand also has an impact on the price situation in rural areas. Are you considering selling your residential property? The situation on the property market is extremely good for sellers. Only make a decision when you have a market value assessment from a professional. The experts from Lukinski determine free of charge what selling price your property can fetch. We are always available for you online.

How much is my property worth?

What price can my properties fetch on the market? Are you thinking of hiring an expert? We at Lukinski can help you free of charge. Our real estate valuation is based on current data of your region. Our online service determines the most realistic price expectation for your property from all comparable offers. Experience has shown that our assessments as online brokers are much better suited to the current price level than expensive appraisals based largely on building materials.

Nobody can predict exactly how long the price boom on the property market will last. Selling real estate is not always an easy decision. Personal reasons or financial concerns are at stake. However, a little-used property or a property that does not suit one’s own situation quickly creates additional expenses. Extensions, renovations or long journeys to work put a strain on the budget. Selling a residential property not only creates financial freedom, but also the opportunity to relocate yourself or your family to a more advantageous location. All residential locations are currently being sought: in the city and in the country. Our online real estate service uses new procedures and methods to evaluate the available offers on the market. Thus we determine for you free of charge, with which purchase price you can find a buyer quite fast.

Our real estate evaluation procedure has proven itself for years. With only a few details, we analyze the property, so that you get a realistic estimate for a house sale or apartment sale. Quick and easy we help you to get the best price on your regional market. Let us show you how we can support you.

Determine the market value of the property

Have you considered the decision to sell the house or apartment? Then we will provide you with an online valuation at market value. Only then can you estimate whether you want to part with the property. With the potential selling price we estimate, you can also decide whether it is profitable to commission an estate agent. Under certain circumstances, it may be worthwhile to carry out renovation and conversion work, which will help us to find an even broader base of interested parties. An own assessment of the market value is fraught with many risks: Often it is based on emotional attachment to the property, on the effort and time invested in the renovation. If the stated sales price is too high, hardly any serious prospective buyers will come forward. The stream of visitors who are not really interested in buying often does not stop even after months. This costs time and nerves and in the end many homeowners accept large financial losses.

Get advice from a professional before the sale. We will give you a thorough and careful assessment of the value of your property. Our price quotation and recommendations will enable you to find suitable buyers for your property. The longer a property has been on the market, the greater the final discount usually has to be. Avoid this with Lukinski and get into the real estate sales process well informed and supported. With our online real estate evaluation you will receive prompt and reliable key figures and interesting facts about your real estate sale. If you wish, we can take over all services around your house sale – from the valuation to the notary appointment, we are there for you.

Sale on your own initiative?

After the first searches many real estate salesmen trust themselves still the completion of the house sales in self-direction. What the salesman really has to expect, is however a thing for the professionals. Prospective buyers may appear to the inspection date, in order to press the price unjustifiably. More and more defects are discovered and the owner gives up frustrated sooner or later. Also the legal side of selling real estate is increasingly determined by legal regulations. Submitted the energy document of identification must be answered with the inspection date, it must questions to the land register and to the building method. Our professional office knows how to answer all inquiries competently and completely. We are happy to assist you in all steps of your real estate project.

Our customers confirm it again and again: It is worthwhile to involve us in the sale of real estate. You can rely on our experience and expertise when it comes to negotiating prices, arranging viewing appointments and compiling the sales documentation. We will explain all other bureaucratic preparations to you, including obtaining extracts from the land registry. Not all information needs to be disclosed to a potential buyer – we will advise you on all questions.

The checklist for the documents

If you decide to sell your house or apartment, we will obtain most of the documents while you provide the building description, utility bill and construction plans. If you already know the market value of your house, our checklist will help you to be well prepared for a smooth sale:

Once the sale of your home has been decided, a flood of documents must be obtained for the various phases of the sale. The bureaucratic requirements for the sale of real estate are aimed at potential buyers, notary, estate agents and other institutions.

1. Sales documents
2. Energy performance certificate and extract from the land register
3. Building description and cadastral map
4. Special documents for special properties
5. Preparation of the documents according to the sales phase.

In principle, only a few documents are obligatory when selling a house or apartment. However, prospective buyers are equipped with a large number of recommendations in order to secure the best possible property – in terms of personal requirements and the price to be paid. The extract from the land register must be presented to the notary public at the latest, but many buyers need the information contained in the document even before making a purchase decision. The lending bank must be granted access and give its approval for financing. All relevant documents should be available in good time to ensure that the sale of the house or apartment is as quick and smooth as possible. Documents that have to be obtained from public institutions, credit institutions and government offices often take time. With us, you are on the safe side – we obtain many of the documents for you and give tips on the bureaucratic requirements for selling real estate. What we can do for you and what documents we obtain:

• Preparation of the consumption-oriented energy pass, which is to be presented to the interested parties at the inspection date without being asked
• Extracts from the land register
• Floor map
• Texts on object and location for the ad

Commercialization begins soon

Once the documents have been compiled, the marketing phase begins. We also provide competent and reliable support for any questions and problems that may arise. The jointly developed advertisement is supplemented by a convincing and professional exposé. Both should be accurate, complete, informative and convincing. Meaningful photos of the house, apartment and garden are part of it. The documents are published online, we take over the social media posts and round off a target-oriented marketing with a virtual tour.

If viewing appointments are pending, the house or apartment must present itself in the best light. The prospective buyer should feel comfortable in the property so that negotiations are also easier. We know how to best highlight the advantages of your house. We can also arrange and organize viewings for you.

The prospective buyer will go to his bank with the documents so that a credit check is carried out for the last time. If the purchase price and property valuation match, the bank can finance the property. If the creditworthiness of the prospective buyer is correct, nothing more stands in the way of a loan commitment. Often banks carry out their own valuations of the property. If the purchase price is set too high, the property is either not lent at all or only a significantly lower loan amount is granted. Sales projects fail if the prospective buyer cannot raise the financial means. With our property valuation we make sure that this does not happen. We estimate the price of your residential and commercial property realistically and close to the market. Trust the professionals at Lukinski, for maximum success in your real estate sale.

Last but not least, the notary appointment is scheduled. Here, buyer and seller meet for the notarization of the purchase contract. Afterwards the change in the land register takes place, which makes the sale official.

Concluding tips for a successful sale

Each of the sales phases takes its time. Usually the entire house sale takes 6 to 9 months. Depending on the property and location, it may take longer to find the right buyer. We maintain an extensive pool of serious and financially secure prospective buyers who are looking for a new home. The right buyer for your house or apartment may already be listed in our records. It is important that the future buyer is seriously interested in the purchase and can also secure the financial means in the short term. We also support the buyer in finding suitable financing for his property acquisition. As a neutral partner we are a competent mediator in all phases of your sales project. On our city pages you can find out how the regional market is developing. There you will also find an overview of our comprehensive expertise in the federal states of Hesse and Rhineland-Palatinate.

With our service, the modern online processing and presentation of your house sale, you will be comprehensively and specifically supported in your cooperation with Lukinski Lukinski. Secure the best selling price for your property – with Lukinski. We shorten the selling period and ensure a smooth property sale.

Numbers & facts: Divorce

Marriages and divorces in comparison

Marriages and divorces in Germany from 1960 to 2008.

You can find more statistics at Statista

Divorce rate in Germany

Here you can see the current divorce rate in Germany from 1960 to 2018.

• 2018 (current): 32.94%
• 2010: 48.95%
• 2000: 46.45%
• 1990: 29.97%
• 1980: 28.4%
• 1970: 18.07%
• 1960: 10.66%

Why do women get divorced?

According to a survey of the magazine Brigitte, it is especially the goals in life that are the reason for divorce. Of 43,000 women, almost 32 percent named different ideas about the future as the main reason. “We have grown apart,” it is often said succinctly. Second place is occupied by infidelity with 29.2 percent. Here, affairs of the partner are the main reason for divorce. 10.9 percent of the respondents named constant quarrelling, bickering and squabbling as the main reason for divorce from their husbands, which is thus the third most common reason.

1. Life goals
2. Affairs
3. Quarrel

Read more about reasons for divorce here.

Marriage contract protects against dispute in case of divorce

Avoid trouble from the outset, a marriage contract makes it possible. Even if people who enter into a marriage do not want to think about the fact that it might end one day, it is recommended to keep a marriage contract from the beginning. Because we now know that the owner of a property is always the person entered in the land register. But to avoid further annoyances or ambiguities, a marriage contract should always be concluded in addition.

Unfortunately, there are few couples who choose to sign a prenuptial agreement at the time of marriage, as they assume at that point that they will never separate or even in a separation will treat each other fairly. But unfortunately this is rarely the case and “Wars of the Roses” are more the rule. Whoever does not have a prenuptial agreement can quickly be put at a disadvantage – especially if there is a property where they have lived together for many years.

Financial disputes in divorce proceedings

What role did financial disputes play in your divorce proceedings?

You can find more statistics at Statista

A prenuptial agreement may not be very romantic, but it can avoid a lot of stress during a divorce. This contract can contain, for example, what exactly will happen to the property if a divorce should occur. If the divorce does occur, there is no room for discussion, as the contract is binding. It is no longer necessary to discuss which way to go to sell the property, as this is already written down.

Marriage contract: regulations and agreements

A prenuptial agreement is therefore really not to be underestimated and can bring clarity in deadlocked situations, because what is written in the prenuptial agreement is also implemented. A prenuptial agreement also does not necessarily mean hard rules and little room for the spouses’ own ideas, because this contract can be arranged quite flexibly.

Tip! In such a contract can also be concluded after the marriage.

• All regulations, which are made by mutual agreement, save a lot of stress
• Agreements concerning separation of property, maintenance and the equalization of pension rights
• A marriage contract must be concluded with a notary public.

The spouses, who draw up a contract at the beginning of the marriage, can decide for themselves what belongs to whom, how the property and belongings will be treated when the divorce comes, and what contingencies might occur and influence the division. However, it is also quite possible for the spouses to include a fixed arrangement, which is recommended by experts and consultants.

We cannot take away the pain of divorce, but we can save you time, money and stress

Even if a prenuptial agreement sounds unromantic, it can save you a lot of headaches in the divorce process. If it is clarified from the outset how the individual assets will be treated after the divorce, many questions in the divorce will resolve themselves. This emotional matter is thus made easier for all parties, especially when real estate is part of the property. But even if there is no marriage contract, it is always advisable for the spouses to clarify the various ownership issues after the divorce as peacefully as possible.

Questions and answers: Divorce

Also, drawing up a post-divorce agreement can raise problems and questions and lead to disagreements between the spouses. To ensure that you are fully aware of the agreements, we will answer all important questions about the post-divorce agreement.

What is post-divorce settlement ?

The aim of a gain equalization is that both spouses leave the marriage with the same gain in assets. Therefore, in divorces of marriages without a marriage contract, a gain adjustment is made to compare and adjust the individual gains.

How do I find the owner of a property ?

The owner of a property is the person who has been registered as the owner in the land register. When buying a property, the entry in the land register must be changed in order to legally enforce the purchase.

What does a divorce with house cost ?

The costs of a divorce depend on many different things. The assets of the couple play a decisive role, but also whether the divorce is contentious or consensual has an impact on the costs. If assets belong to marriages without a marriage contract, a gain compensation is made, in which also real estates are considered. The costs can therefore only be determined individually.

What is the separation year ?

The separation year is required by law. Married couples must live apart for one year before the divorce in order to carefully consider the decision to divorce. Only after this separation year is a divorce possible.

How is the gain compensation determined?

Each spouse’s initial assets are calculated on the day of marriage. Then the current state of the assets is calculated and finally the difference between the spouses’ gains is determined.

Who bears the costs in case of divorce ?

The divorce costs are usually set off against each other. This means that both spouses pay their own legal fees and additionally pay half of the court costs. The amount of the legal costs is determined by the court, including the lawyer’s fees.

What is a post-divorce agreement?

The divorce agreement is a contract between spouses in which all important questions belonging to a divorce are clarified privately in advance, so that these questions no longer need to be regulated in the divorce.

What does a notarial divorce settlement cost?

The costs for the notarized post-divorce agreement are calculated according to the procedural value of the divorce. It must therefore be determined in each individual case and cannot be named in a lump sum.

What is a separation agreement?

The separation agreement regulates all possible issues for the period between separation and divorce. It can be useful if couples only want to separate and not divorce for the time being.

How much does an amicable divorce cost?

The costs of an amicable divorce are measured by the value of the proceedings and vary from case to case. The costs depend on the income, the assets and the lawyer costs together and must be determined therefore in the individual case.

Let the property be sold: House and apartment

A divorce is often a sad and painful break in the life of a married couple, which presents people with great emotional challenges. Would you still like to take care of documents, contracts and the sale of real estate in such a situation?

Concentrate on yourself and leave everything else to us at Lukinski. We will give you fair and professional advice, try to find solutions together with you and your spouse to sell your property at a good price. A divorce is hard enough, you shouldn’t have to deal with viewing and placing advertisements. We will accompany you through the entire sales process and take the most important steps for you, so that the sale of the house becomes the least evil of the divorce. Let us advise you when you are about to sell your property and convince yourself of the advantages of a professional expert. No matter whether it is due to a divorce, inheritance, moving house or money worries – we are here to help you with words and deeds. Lukinski is your contact person when it comes to the sale of your property, for which the investment is more than worthwhile!

Real Estate News Online

Here you will find a great overview of our topics and other renowned online portals and newspapers for real estate news.

List from Real Estate News Online:

• Handelsblatt
• Real estate investor Alex Fischer
• Manager Magazine
• FIV Magazine / Real Estate
• Frankfurter Allgemeine
• Star
• Focus Online
• IM Real Estate Manager
• Haufe
• T-Online
• South German Newspaper
• Federal Gazette
• Berlin.de
• Real Estate Newspaper
• Mirror

New! Real estate Corona crisis: demand increases

These days, many are talking about the second wave that is now coming to Germany but also to the whole world. Already at the beginning, with the Corona pandemic, many economic but also financial news warned that in autumn a wave of insolvencies will come upon us. A logical consequence of insolvency is the loss of property, not only in the form of jewelry, cars or furnishings, of course real estate will also be affected if the rate of insolvencies in Germany increases. Single-family homes but also apartment buildings, with several tenants.

• Real estate Corona crisis: demand increases

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Step by step to divorce – separation year, procedure and joint children

A divorce takes place through the application of one or both spouses and through a court order. For this, among other things, a divorce petition must be filed with the family court, the separation year must be gone through and important issues must be clarified. The exact course of the divorce is determined by how the spouses deal with each other.

The most important at a glance

• The separation year is intended as a period of reflection for the couple. The shortening of the separation year is only permitted in special cases
• Amicable divorces take less time and cost less. Contentious divorces often drag on for a long time and can be very nerve-wracking
• The petition for divorce is filed by the petitioner, i.e. the spouse wishing to divorce. With the help of a notary, the equalisation of pensions can be excluded or made more specific.
• The possible aspects of a divorce settlement agreement include, for example, maintenance, custody of the joint children, the procedure with joint assets or also the continuation of the joint family name.
• A divorce should be openly communicated with children in order to give them clarity. A conflict of loaylity for the child should be avoided at all costs.
• The law no longer requires grounds for divorce since 1977. The most common grounds for divorce include infidelity, violence in the relationship or quarrels

The separation year – the legal requirements

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even if the separation year is seen by many married couples as harassment or pure burden, the intention behind the regulation is clear. The decision should be able to be reviewed and possibly revised in the given time. In addition, the time is useful to take care of some things that are important for the further course of the divorce, such as the divorce settlement agreement.

Although there is an obligation to prove that the separation year has been completed, it is not possible to apply to the court for the beginning of the year or to have it notarised. It therefore makes sense to record the beginning in writing. A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example for such a decision can be extreme domestic violence, which the court classifies as undue hardship.

• The separation year should be considered as a reflection period for the couple
• Shortening the separation year is only permissible in special cases

Contentious or amicable divorce – the initial question before divorce

The family court generally decides whether a divorce is amicable or contested. If a divorce is amicable between the two spouses, the divorce proceedings are very simple. If the separation year is completed, only the divorce and the pension equalization, which is usually carried out ex officio, must be decided. In such a case, one lawyer is sufficient for both spouses, which saves enormous divorce costs. Often even an online divorce for the spouses offers itself, whereby the time expenditure is enormously minimized and the costs are kept low. An amicable divorce can be greatly favoured by a divorce settlement agreement, which is already drawn up by the spouses during the separation year.

If there is a contested divorce, both spouses are required to be represented by their own attorneys. This increases the divorce costs for both parties enormously. The proceedings in contested divorces usually take longer than in amicable divorces and involve higher costs.

• Amicable divorces last shorter and cost less
• Contentious divorces often drag on for long periods of time and can be very nerve-wracking

The procedure – divorce petition and pension rights adjustment

Regardless of whether a divorce is amicable or contested, the petitioner, i.e. the spouse seeking a divorce or his or her law firm, files the petition for divorce with the competent family court after the end of the separation year. This petition shows whether the divorce is contentious or amicable. If it is disputed due to consequential matters (with the exception of pension equalisation), further applications concerning, for example, maintenance, are also submitted with the divorce petition.

In the next step, the court formally serves the other spouse, i.e. the respondent, with the divorce petition and, if applicable, the petitions on the subsequent matters. In the case of amicable divorces, it is now up to the respondent to inform the court that the information in the petition is correct and to declare that he or she will consent to the separation. In contested divorces, it is usually the respondent’s solicitor who takes a position on the divorce petition and the consequential matters.

In most divorces, the equalisation of pensions must be carried out by the family courts. This regulates the entitlements and prospects of a pension due to old age or reduced earning capacity that the spouses have acquired during the marriage. Marriages of up to three years must apply for pension equalisation, all others can exclude it before the notary or structure it more closely. If such equalisation is carried out, the spouses must fill in the forms required by the court, sign them and send them to the family court within a time limit. The court then sends these forms to the pension providers in order to clarify the claims to a pension that arose during the marriage.

In the case of amicable divorces, the divorce date is agreed after the forms have been received. Disputed divorces must clarify the subsequent matters in advance, otherwise the divorce date may be postponed further and further.

• The petition for divorce is filed by the petitioner, i.e. the spouse who wishes to divorce.
• With the help of a notary, the pension equalization can be excluded or more closely structured.

The divorce settlement agreement – the content and the regulations

In a divorce settlement agreement, all things concerning the marriage and the divorce can be regulated. In general, this agreement regulates how joint assets, joint children or similar things will be dealt with after the divorce. It is attempted to clarify all points that are normally settled during the divorce in advance, in order to make the divorce as simple as possible. To a divorce succession agreement belong in detail things like the maintenance. Here, both the separation maintenance for the period from the separation to the divorce and the post-marital spousal maintenance for the period after the divorce can be regulated.

The divorce settlement agreement also regulates the custody of joint children, their maintenance and, if necessary, the right of access for the non-caring parent. In addition, the divorce settlement agreement will specify how joint assets, such as the joint home or household effects, are to be dealt with. Other possible points of a divorce settlement agreement are the agreements on the equalisation of gains, exclusion of the legal matrimonial property regime of the community of gains and agreement on the separation of property, the waiver of the right to inheritance and the right to a compulsory portion and the continuation of the joint family name.

• The divorce settlement agreement attempts to settle all possible points of dispute in advance of the divorce in order to make the divorce as simple as possible.
• The possible aspects of a divorce settlement agreement include, for example, maintenance, custody of the joint children, the procedure with joint assets or also the continuation of the joint family name.

Divorce with children – communication and the conflict of loyalties

The divorce should be openly communicated by the parents with the children. This is best done in an open conversation before the divorce, where the children have the opportunity to ask questions and have enough time to adjust to the situation. Presenting children with a fait accompli only leads to lasting confusion and lots of unanswered questions. Such a conversation is also necessary for children who are already old enough to suspect a separation through previous behaviour, as otherwise unanswered questions remain and loyalty conflicts may arise. Openness is very important in this situation to avoid disputes and ambiguities.

No matter how much the parents quarrel or how great the resentment towards the ex-partner is, the children must not get these disputes. If the children are dragged into the argument, it often leads to a conflict of loyalty for the child. However, there are many things that parents do unknowingly during a divorce that can lead to such conflict for children. Secrecy about what to do, pushing for decisions, or defaming the other in their absence can have disastrous effects on the child’s emotional well-being. Both parents should therefore remain neutral towards the child and avoid statements against the other partner in any case.

• Divorce should be communicated openly with children to give them clarity
• A conflict of loaylity for the child should be avoided at all costs.

The grounds for divorce – not required by law

The law specifies many things when it comes to divorce. However, since 1977 married couples no longer have to state a reason for divorce in order to be able to divorce. The principle of guilt was replaced here by the principle of disruption. However, the legislator specifies a separation year. Before married couples can get divorced, they must go through a separation year, during which the couple is separated but still remains married. This year is to protect against hasty decisions and purely emotional whims and to preserve the principle of marriage. Only in cases of special hardship, the separation year can be omitted.

There are many different reasons to end a marriage. In each case, the reasons are different and the individual situation of the couple plays a huge role. For some, certain reasons are cause for separation while for others they are not really a reason. However, in most cases it boils down to similar problems. The most common reasons for separation include infidelity, violence in the relationship, arguments or lack of commitment.

• The law no longer requires a reason for divorce since 1977
• The most common reasons for divorce include infidelity, violence in the relationship or quarrels.

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide

What will happen to the joint house after the divorce?

Clear conditions regarding the property prevail if the spouses have agreed on the separation of property in a marriage contract. Although the separation of property can save nerves, it is still the exception in Germany today.

• Tip. Our guide for house and apartment: Selling real estate after divorce.

Instead, most spouses live on the principle of community of accrued gains. In concrete terms, this means that the spouses share the assets, goods and debts acquired during the marriage. During the divorce, lawyers ensure that neither spouse suffers any financial disadvantage from the years of marriage.

What happens to property that can’t be easily divided?

Real estate holds enormous potential for conflict during divorce because it cannot simply be divided.

Living separately, but still under the same roof: Hardly any phase is more emotionally upsetting and difficult than the fresh separation and the phase in which both still live in the same property.

Those who suddenly find themselves living separately must note that the departure of one of the partners does not change the ownership of the property. Joint property remains joint property, while sole property remains in the hands of the sole owner. The one who moves out can even claim compensation for use from the other partner. This is based on the rental conditions of the locality.

The case that the property was already owned by one of the spouses before the marriage is rarely the case in Germany.

Instead, both spouses are usually legal owners of the house. In this case, the spouses cannot demand that the other move out. If both are emotionally attached to the house and property and neither wants to leave the four walls permanently, this can develop into a stressful dispute.

What becomes of the shared house in a divorce?

Who is allowed to stay in the apartment when separated?

Possible solutions for heirs

The following possible solutions are available in this situation:

1. The house is signed over to one of the spouses before the divorce. The latter pays the other spouse
2. The house is sold during or after the divorce, the amount is divided
3. If an agreement is not possible, a partial auction of the house can be applied for.
4. The house will be divided (through conversion measures) into condominiums
5. The house remains in the possession of the spouses and is rented out

Keeping the property together

The thought of continuing to own the property may seem tempting, but it carries a huge disadvantage. It doesn’t matter whether the property is converted to include two condominiums or the spouses rent out the house: Both mean that the couple will be connected in the future.

Spouse wants to continue living in the house?

If one of the two wishes to continue living in the acquired house, this partner is obliged to pay the other partner half of the value of the house. This often presents a great difficulty financially for those involved. Furthermore, the person who wishes to remain living in the property in the future must check their finances. In addition to paying off the spouse, there are additional costs associated with taxes, alimony, and utilities. Any repair costs for the property must also be taken into account.

It is not always possible for the individual spouses to meet these high expenses.

Selling the house is often the only sensible solution if both spouses want to leave the marriage without financial damage. After the sale of the house, the proceeds of the sold property can be divided between the two.

Disputes are prevented, as neither of them feels disadvantaged vis-à-vis the ex-partner. In addition, joint obligations, such as the loan that was signed by both of them for the purchase of the house, expire with this.

It should be noted that the sale of the joint property can only take place jointly. Only with the mutual consent of both can the house be sold to a third party.

By the way, you do not have to wait until you have filed for divorce to sell the property; you can already do so after the separation.

The procedure for selling a house before divorce

Experience shows that loose promises are often not kept when it comes to emotional matters. If it has been jointly decided that the house will be sold, it makes sense for the spouses to agree on specific dates for vacating the house. This ensures that the house will be empty at the necessary time.

In addition, it is in the best interest of both if a minimum sale price is set for the home.

The next step is to create an energy certificate for the property. This is a prerequisite for the sale of the property. Afterwards, the real estate agent can already be contacted. He can inform the spouses about the asking price and explain all further steps.

We would also be happy to advise you personally on your property. Please contact us.

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide