Real Estate & Divorce: Sell, rent and manage property
Property & Divorce – Separation from one’s partner is not easy for anyone. Even for those who have separated from their spouse, the new life situation is something completely foreign. The longer the partnership and the connection existed, the more difficult it is to adjust the own structures to the new life situation. Of course, it is even more complicated with children, who also suffer from the divorce. But it also gets really complicated with real estate. What if your spouse wants to stay in the house? How can the property be sold? Or is it better to rent out the property? Tips on the subject of real estate and divorce!
Sell the property or… rent it out?! Do what?!
Selling before, during or after the divorce is finalized.
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: 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?
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.
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.
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 successfully 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.
There is a lot to learn when it comes to renting. Take your time.
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 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.
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?
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.
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.
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.
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 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.
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.
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.
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.
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?