Moving out of the house you share: When the paths go separate

Moving out after divorce – Separation 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. Back to the guide: Divorce & Real Estate.

Move out of the shared house after separation

Here, those affected often ask themselves who has a right to live in the home and who should move out of the property. Questions about maintenance, the jointly taken out loan and the land register entry also cause many sleepless nights. Would you like personal advice regarding your property? Do you have questions about selling your house and would like more information? We will be happy to assist you personally and take care of your situation.

Who should move out of the shared house?

The question of moving out of the home arises for most people soon after separation. If children are involved, the case is usually structured in such a way that the partner who keeps the children with him or her continues to live in the house.

The case is more difficult if there are disagreements between the spouses regarding the use of the house. It must be noted at this point that neither of the spouses can force the other to move out of the joint house. Moving out of the home is also not necessary for the separation year. For this it is sufficient if both can prove that a separation of the living and sleeping areas takes place.

If one of the spouses leaves the house voluntarily but has left their personal effects in the house, they are legally entitled to return to the property at any time. If, on the other hand, one of the partners has moved out completely, i.e. with his or her personal household effects, he or she can only move back in if this is done within 6 months of the date of moving out.

If the move out is voluntary and is not revoked within the next six months, a move back in is not legally valid. This is even excluded if the person who has moved out is the sole owner of the house.

Whoever leaves the house is entitled to compensation for use

Whoever remains in the house must ensure that the spouse can claim compensation for use. It is irrelevant here whether the property is owned by both spouses or whether the house is a sole possession. The claim for compensation for use also arises if the house was left by the partner voluntarily and without a court order. The situation is different if separation maintenance is paid and the housing benefit is already taken into account.

The amount of the compensation for use is based on the local rent of an apartment that is reasonable for a single person. In addition, the amount of the compensation for use is based on the principle of equity. In addition to the objective rental value, the financial circumstances of the spouses also influence the amount of the compensation.

The joint credit

For the loan taken out when purchasing the property, the signatory of the contract is liable to pay. If the contract was signed by only one of the spouses, the other spouse is not obliged to pay. He or she cannot be called upon to repay the loan and does not have to fear financial claims in this regard.

If the loan was signed by both spouses, they both act as joint debtors before the bank. This means that both are obliged to pay the loan in equal shares.

In the event of a divorce, the loan on the house continues to run, which means that the costs must continue to be borne. If one of the two spouses is financially unable to pay his or her share, the other spouse will be called upon to make the repayments.

To prevent disputes, it is advisable to visit the lender and release one of the two spouses from the contract. This must be recorded accordingly in the contract.

In addition, there is the further option that the loan is maintained in its original form and continues to be paid off by both spouses. This repayment can be offset against the separation maintenance.

In addition, there is of course the option to sell the jointly acquired property and thereby avoid disputes regarding the joint loan.

Move out of the shared house and sell the property during the separation

It is not necessary to wait until the divorce is final before selling the jointly acquired property. Instead, this step can already be taken during the divorce and is particularly useful if both spouses are financially burdened by the separation or the costs of house maintenance exceed the financial scope of the individual.

Selling the house can avoid unnecessary points of contention and numerous discussions. It is in the interest of both to sell the property at the best possible price. The proceeds are divided in half and paid out to each partner.

However, this is only possible if there is agreement between the spouses on the sale of the house. This regulation is also valid if only one of the spouses is registered in the land register, but the property represents the main asset of the couple.

The divorce itself is already a great emotional burden for those affected. Between the roller coaster ride of emotions and the numerous appointments with the lawyer, there is often not enough time to take care of the sale of the joint house. It is therefore advisable to call in an estate agent for this purpose. This agent takes care of the viewing appointments and clarifies the questions of the interested parties, so that the spouses can concentrate on other matters of the divorce.

Conclusion: Joint property and separation

If a married couple lives in a joint property and the separation has been decided, the economic and financial aspects as well as the moving out of the property should be discussed as soon as possible.

Especially if no prenuptial agreement was signed at the beginning of the marriage, both spouses have to think about the assets acquired during the marriage and joint purchases. It is always advisable to seek professional advice in this regard in order to clarify one’s own rights and to avoid disputes regarding the joint house.

We would be happy to advise you personally on your property and its sale.

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