Those who choose to marry and be married, in most cases, have the intention to spend their life with their spouse forever and share everything that belongs to them. Nobody thinks during a marriage about the fact that there might be a divorce one day and that there might even be arguments about belongings. But in 2017 the divorce rate in Germany was over 36 percent, which shows that unfortunately not all marriages last forever. Often fraud, daily life including routine or even financial problems are the reasons for divorce.
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
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.
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.
- Sales documents
- Energy performance certificate and extract from the land register
- Building description and cadastral map
- Special documents for special properties
- 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.
- Life goals
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!