Old real estate: apartment & house from older decades

Over 2,650,000 properties in Germany were built before the year 1919. And some time later in the middle of the century, there were even almost 7,500,000 houses! Of course, construction technology was different back then. But as the decades passed, the building industry rapidly learned and not only resorted to more efficient building materials, but also focused on the topics of sound and heat insulation, as well as fire protection.

Here is a brief overview:

• Built before 1919: 2,655,042
• 1919 – 1949 Built: 2,374,762
• 1950 – 1979 Built: 7,357,255
• 1980 – 1989 Built: 2,090,142
• 1990 – 1999 built: 2.490.829
• 2000 – 2011 built: 1.954.588

Each decade brought different advantages and disadvantages. Do you want to invest in a condominium built in 1940? Or buy an apartment building built in 1967 as an investment? Before we go into the different defects, here in advance the advantages and disadvantages of such an older existing property:

Existing property: advantages and disadvantages summarized

If you want to invest in an income property, then an existing property from older decades has very clear advantages: The purchase price is low and the rental yield is high. The ancillary purchase costs and the equity capital to be invested are also kept within reasonable limits. At the same time, maintenance costs are comparatively high.

Older existing properties in B and C locations make excellent yield properties!

Here again summarized, the advantages and disadvantages.

Advantage of buying an old property:

• Mostly more favorable purchase price
• Costs are calculable if you are aware of the defects
• Lower purchase price often ensures better return on investment
• Location in grown infrastructure

Disadvantage of buying an old property:

• High costs for maintenance and repairs
• Possible hidden defects

So what distinguishes the properties of different construction years from each other? And what are the respective defects you should expect? So let’s start chronologically – with properties older than 120 years.

Real estate with year of construction 1900

Cracks in the masonry are typical for older properties built before 1900. Due to the outdated construction technology of that time, thermal insulation is either non-existent or inadequate. The windows are usually single-glazed, letting the cold into the house in winter, while moisture accumulates in the attic and basement rooms. And some deficiencies can be found in the bathrooms as well: Lead pipes, which have not been permitted since 1971, can often be found here and usually need to be urgently replaced after purchase.

Typical for 120+ year old properties: energy sufficiency was not an issue back then!

Defects of real estate before 1900

Here is a brief overview:

• Cracks in plaster and masonry
• Lack of thermal insulation on the facade, roof and windows
• Damp basement
• Outdated technology and electronics
• Outdated clay and lead pipes in the bathroom

Real estate with year of construction 1900 – 1939

Similar defects can also be found in properties built between 1900 and 1939. A lack of underlayment lets cold and damp into the house, wooden beam ceilings are plagued by sponge infestation and the walls, which are often constructed far too thinly, are prone to mold. Not only the ceiling is made of wood, but also the stairs – an enormous fire risk!

Characteristic: In the past, no attention was paid to fire protection during construction!

Checklist: Defects of real estate around 1900 – 1939

All shortcomings briefly summarized at a glance:

• Missing underlays
• Condensation problems
• Sponge and mold infestation
• Hardly any fire protection available
• Obsolete clay and lead pipes
• Cracks in the masonry

Real estate with year of construction 1939 – 1945

Typical for real estate built between the years 1939 and 1945 is the poor building fabric. During the war, raw materials, time and energy were put into the war. Building was therefore fast and cost-saving, which is why both building fabric and the statics of some properties suffered. Unsuitable building materials were also used, such as building rubble and summer wood.

Checklist: Defects of real estate around 1939 – 1945

Typical deficiencies include:

• Poor building fabric
• Pest infestation due to wrong building material
• Static problems
• Cracks in the masonry
• Obsolete gas pipes
• Hardly any fire protection

Real estate with year of construction 1945 – 1959

Above all, poor or missing thermal insulation is often found in properties built between 1945 and 1959. Building materials that are now considered questionable were also often used. These include asbestos, tar, formaldehyde paint and lead paint. Still an issue: the lack of fire protection. After the war, houses had to be built quickly and efficiently. As a result, there is usually a lack of access for the fire department, and fire doors are also almost non-existent. Soundproofing was also not considered at the time, which is why old apartments from this period are often very bright.

Checklist: Defects of real estate around 1945 – 1959

Characteristic of real estate from the period are:

• Use of questionable building materials
• Lack of fire protection
• Lack of soundproofing
• Lack of thermal insulation
• Leaking gas pipes
• Cracks in the masonry

Real estate with year of construction 1960 – 1969

In the second half of the 20th century, the construction method improved. Wood was no longer used for stairs and ceiling. Instead, stone and concrete were now used and the windows were insulated with aluminum. Drains prevented moisture from causing mold in the basement and attic, and underlayment was installed. From now on, emphasis was placed on thermal insulation, but harmful substances continued to be used for this purpose.

Checklist: Defects of real estate around 1960 – 1969

Here is a brief overview:

• Building materials of concern
• Insulation harmful to health
• Concrete damage
• Uninsulated roof trusses

Real estate with year of construction 1970 – 1979

In the 1970s, building technology once again improves immensely. The newly adopted requirements for sound insulation lead to more efficient construction. Lead pipes are no longer laid, but copper water pipes, and construction is mainly done with concrete. Despite improved building materials, cold penetrates the living spaces in winter and leads to mold.

Checklist: Defects of real estate around 1970 – 1979

Typical deficiencies include:

• Parquet adhesive containing tar
• In need of renovation
• Concrete as a building material

Real estate with year of construction 1980 – 1999

Properties built in the last 30 to 40 years are usually characterized by their modern construction technology. Nevertheless, some deficiencies can be found here as well. The costs for maintenance are high, the roof connections are broken and the central heating before 1985 often leads to problems.

Checklist: Defects of real estate around 1980 – 1999

Here again the typical defects from 1980 – 1999:

• Connections and terminations for flat roof
• Central heating
• Expensive maintenance

Conclusion: Should you invest in old real estate?

Admittedly: Compared to new buildings of the modern age, properties from older construction years have their very own charm. And depending on the year of construction, they bring their own advantages and disadvantages, and with a little capital, even building services, roof and masonry can be renewed.

You can now find even more about the respective defects by year of construction on my new project for real estate buyers (Immobilien-Erfahrung.de):

• Year of construction property: defects and condition (external)

Divorce without separation year – hardship divorce in special exceptions

When a marriage is divorced, one fact is a basic requirement: the separation year. This is required by law to prevent hasty and ill-considered decisions and to protect the institution of marriage. However, in special exceptions, a divorce without a separation year is possible. Which exceptions are these, what they have for requirements and how such a divorce proceeds, you will now learn!

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

The most important at a glance

• The law regulates divorces in regular and exceptional cases. The exceptions refer to the hardship regulation and the hardship clause.
• Exceptional cases are to be avoided by the law and are to be used only in absolute emergencies
• The separation year is intended to protect against hasty decisions. The year should be used by the spouses to think through the decision to divorce thoroughly and to make a rational decision.
• A hardship divorce does not follow any precise legal guidelines. Whether there is a reason for a hardship divorce is always decided in the individual case.
• There are certain requirements that can help judges make a decision
• Before a hardship divorce is decided by a judge, other alternatives may be considered. One possibility is court-ordered mediation, which attempts to resolve conflicts in advance and eliminate the reason for the hardship divorce.

Divorce according to the law – regular and exceptional cases

The law regulates divorces in two regular and two exceptional cases. The first rule is the acceptance of a failed marriage after both spouses have filed for divorce after a year of separation or one spouse agrees to the divorce petition of the other spouse. The second rule case describes the situation after one spouse has filed for divorce but the other does not consent to it. Here, the law states that after three years of separation, the consent of both partners is no longer required and divorce can be granted as it can no longer be assumed that the marriage is salvageable. In both cases, it is irrefutably presumed that the marriage has failed.

The family court now knows two exceptional cases from the regular cases of divorce. The hardship clause describes the early divorce, before the end of the separation year and the hardship clause describes the maintenance of the divorce in the interest of the common children or because of the special situation of the spouse.

• The law regulates divorces into regular and exceptional cases
• Exceptional cases are to be avoided by the law and are to be used only in absolute emergencies

The separation year – the meaning and purpose

However, the hardship divorce is the absolute exception. The legislator sees marriage as a contractually binding relationship that both parties have entered into consciously and permanently. The separation year is intended to prevent divorces that are entered into lightly and to create time to think through this important decision thoroughly. Thus, dissolution of marriage is only possible after the separation year has expired and even then only with the consent of both spouses. If one continues to see a chance of reconciliation, the divorce can only be carried out after three years without the consent of both partners. The legislator thus understands the hardship divorce as an absolute exception and the separation year as a necessity and rule.

• The separation year should protect against hasty decisions
• The year should be used by the spouses to thoroughly think through and rationally make the decision to divorce.

The requirements – the founders for hardship cases

There are no binding guidelines for a hardship divorce and the rulings are always individual decisions. However, the starting point must be the special situation that justifies a hardship divorce. The applicant must therefore be able to present and also prove important founders for the case of hardship from the very beginning. Some requirements that must nevertheless be observed as a general rule:

The failed marriage

Even in the case of a hardship divorce, the family court judge must formally examine in advance whether the marriage has failed. An equation of a failure to restore the marriage and the unreasonableness of the marriage must be avoided in this context.

The spatial separation

The separation must also be established as such by the family court judge. In this case, it is expedient if the spouses live spatially separated. As a rule, living in the joint marital home speaks against the hardship divorce.

The important reason in the person of the other spouse

The important reason justifying the hardship situation must always lie in the person of the other spouse. If, for example, one spouse only wants a divorce in order to marry his/her new partner, there is no important reason in the person of the current spouse and the reason is not sufficient for a hardship divorce.

The detailed description of the reason

The important reason for the hardship divorce must be described in detail by the spouse. A simple assertion is not sufficient here. The unreasonable hardship of the situation must relate to “continuing to be married to each other” and not only to an irrelevant situation. The duration of the marriage is irrelevant and has no influence on the result.

Whether a case of hardship exists or not must therefore always be decided depending on the individual situation. For a better understanding, cases that were rejected for a hardship divorce help. No hardship cases are therefore present if:

• Mere difficulties, disagreements or needs exist, as they do in every marriage from time to time.
• Constant friction, repeated absences or a lack of understanding of each other’s concerns are present.
• There is a desire on the part of one spouse to enter into a new marriage
• Household management is neglected or jealousy scenes are constantly coming from one partner without reason
• A marriage of convenience exists and was only entered into in order to obtain a residence permit for the foreign spouse.
• Marital fidelity has been breached or if one spouse is living in a marital relationship with another partner.

When it comes to hardship divorces, it is often a tightrope walk. The individual situation is decisive for the decision of the family court. Depending on the reason, different judges have already made different decisions. Whether a situation is therefore grounds for a hardship situation cannot be answered across the board.

• A hardship divorce does not follow precise legal guidelines
• Whether there is a reason for a hardship divorce is always decided in the individual case.
• There are certain requirements that can help judges make a decision

Alternatives to hardship divorce – court-ordered mediation

However, there are other alternatives besides a hardship divorce. One of these is a court order to attend mediation. The judge can order the spouses to attend a free information session on mediation, either individually or jointly, and to provide a certificate for this.

Mediation is a means of peaceful conflict resolution that is designed to help spouses resolve problems. A neutral third party helps the couple resolve difficult conflicts and find a new way forward. This alternative is often used when joint children are involved in the divorce. With the help of this alternative, the court hopes for a peaceful resolution of the problems and to avoid a hardship divorce.

• Before a hardship divorce is decided by a judge, there are other alternatives that can be considered
• An alternative is court-ordered mediation, which attempts to resolve conflicts in advance and eliminate the reason for the hardship divorce.

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