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

The testator is free to decide how much he wants to bequeath to whom

The testator is completely free to decide what should happen to his assets after his death. However, in order for a will to be truly valid, it is important that the testator is familiar with the specifics of drafting a will. Small mistakes in the wording can already lead to parts of the will not being interpreted correctly or not being valid in the first place. For this reason, it is of absolute necessity that the will is legally unambiguous.

Facts about the compulsory part

Close relatives cannot be completely excluded from the testator’s inheritance. Even in the event of disinheritance, which was agreed in the will, the relative can sue for the statutory compulsory portion. Incidentally, disinheritance can be effected without giving reasons.

Therefore, it does not make sense for the testator to disinherit a person who is entitled to the compulsory portion. This only leads to disputes. Inherited is nevertheless.

The compulsory portion is half of the statutory share of the inheritance. The compulsory portion is not automatically awarded to the heir by the probate court. The compulsory portion is also not noted in the certificate of inheritance. This means that the compulsory portion must first be claimed by the beneficiary of the compulsory portion from the other heirs.

However, there are special circumstances in which the testator is entitled to disinherit the child in such a way that the child cannot inherit the compulsory portion. This is the case if the child has been sentenced to a prison term of at least one year without probation for a criminal offence.

If a child is also to be deprived of the compulsory portion, the testator must record the motives in the will. Another legally valid reason is when the beneficiary of the compulsory portion seeks the life of the testator or another close person. If the beneficiary of the compulsory portion is guilty of a crime such as theft or bodily harm against the testator, he or she may also be deprived of the right to the compulsory portion.

Entitled to a compulsory share?

But which persons count as next of kin and are therefore entitled to a compulsory portion? This includes children. It does not matter whether they are biological or adopted children. If the testator was married at the time of death, spouses also count as close relatives. The same applies to a registered civil partnership. If the deceased has no children, the parents count as close relatives. Siblings of the deceased, on the other hand, are not entitled to a compulsory share.

The heir’s compulsory portion may be increased if the testator made gifts to other relatives up to ten years before his or her death. This is a claim to a supplement to the compulsory portion. This is the case, for example, if the testator gave away a property five years before his death. The beneficiary of the compulsory portion can demand that the compulsory portion is now calculated as it would have been if the gift had not been made. His or her compulsory portion increases as a result.

It should be noted that the beneficiary of the compulsory portion is not the owner of the estate. He therefore has no say whatsoever in what is to be done with the estate.

The legal succession must also be observed in the will if it is not to lose its validity. If the succession was not observed by the testator, the person concerned can enforce his or her claims in court.

If the claim to the compulsory portion is not asserted within 3 years after the death of the testator, the claim loses its validity. In addition, the claim to the compulsory portion only becomes valid when the testator has died. The compulsory portion cannot be claimed during the lifetime of the testator.

Inheritance and bequests: Compulsory portion

Calculate compulsory part – instructions

Legal succession in the case of inheritance

Legal succession always applies if the testator has not made a will. If there are no relatives, the inheritance passes to the state. However, this is hardly ever the case in Germany.

In the law of succession, kinship is divided into different degrees of order.

If heirs of order I exist, heirs of order II are completely excluded.

The children of the deceased as well as the grandchildren belong to the degree of order I. The children inherit in equal shares. If one of the children is already deceased, his or her children inherit.

Second cousin

If a deceased dies leaving neither children nor grandchildren, the second-degree relatives inherit. These include the parents of the deceased and the siblings. If a sibling has already died, the inheritance passes to their children, the nieces and nephews. If there are no second-degree relatives, the third-degree relatives are the grandparents and their children. These are then the aunts and uncles and the cousins.

Spouse

If no marriage contract has been agreed and the principle of community of accrued gains applies, the spouse of the deceased receives half of the inheritance alongside the children. In addition to the parents and siblings, the spouse even receives three quarters of the inheritance.

This can become dangerous if, for example, a property is inherited. In this case, the spouse has no sole claim to the property. In order to avoid this problem, many spouses opt for the Berlin will.

Berlin will

In a Berlin will, the longer-living spouse inherits everything. The children are excluded as heirs. Only after the death of the second spouse does the inheritance pass to the children. In this way, the property passes to the spouse without an inheritance dispute. However, even in this case, children can override the testator’s last will and claim the compulsory portion.

To prevent this from happening, the will can be amended to include a penalty clause in the event that the compulsory portion is claimed. However, this usually does not have the desired effect of the testator. Children can nevertheless claim their compulsory portion after the death of one parent. However, this becomes economically less attractive, as the inheritance is higher after the death of the second parent.

Parents are not obliged to treat their children equally in their wills

Parents are not obliged to treat their children equally in the will, even if this could avoid disputes after death. However, it is not possible to bequeath certain items of the estate only to certain children. For example, that the first child should inherit only the real estate, while the second child should become heir to the securities. Instead, it is only possible to determine with which quota the individual child receives how much of the total inheritance.

Will and custody

For the testator’s will to be valid, it must be handwritten and, of course, signed. It is absolutely fatal to type the will on the computer for the sake of better legibility. Even if it is signed, it is not valid.

Most testators choose to keep their wills at home. However, this carries the risk that it will be lost, cannot be found after death or that one of the heirs will make it disappear if it falls into their hands and disadvantages them.

It is therefore more advisable to place the will in the care of the probate court. This ensures that the will will be used in any case after the death of the testator. Anyone who decides against this form of safekeeping would do well to inform a trustworthy person about the existence and location of the will.

Child support and spousal support – the rules according to the law

The question of maintenance after a divorce is often not easy to clarify, especially if joint children are part of the marriage. Maintenance claims for the children can be asserted by the parent who looks after the children, but what about one’s own maintenance claims? When can claims for maintenance be asserted and when do they have to be paid and when not?

The conditions – strict rules after the divorce

In the period between separation and official divorce, there is a separation maintenance. This can be claimed by the spouse who earns less. However, if the divorce is final, other rules apply. In principle, both spouses should be able to support themselves after the divorce, but in practice this is rarely the case. In certain cases, there is a claim for maintenance. These include the care of the joint children, claims arising from old age, illness / infirmity or unemployment, but also top-up maintenance, educational maintenance and maintenance on grounds of equity.

Another requirement that arises according to the law is that the spouse who demands alimony must be needy and have a reason for demanding alimony. The spouse who is to pay alimony, however, must also be capable of performing, i.e. also be able to raise the alimony claim. In addition, the longer the marriage has lasted, the more likely there is to be a claim for maintenance.

• The spouse requesting maintenance must be needy and the spouse paying maintenance must be able to pay.
• A reason for maintenance must exist, otherwise no maintenance can be claimed

Who gets alimony and who has to pay it?

Maintenance is only paid to those who are in need. This means not being able to support themselves from their own income and assets. However, the spouse in need must actively try to find a suitable gainful employment in order to claim maintenance. It is considered reasonable if it is commensurate with education, age, ability, and health conditions. If the spouse receiving maintenance moves in with a new partner, the claim to maintenance may lapse in accordance with § 1579 no. 2 BGB.

Maintenance is only paid by the person who is able to pay. This means being able to pay alimony without jeopardizing his or her own reasonable livelihood. The spouse paying alimony must therefore always have a deductible remaining. According to the Düsseldorfer Tabelle, the monthly personal requirement without personal requirement amounts to 1,200 euros.

• The needy spouse may receive alimony if he or she cannot support himself or herself
• The capable spouse must support the other through alimony if it is possible for him/her to do so

Tips from the lawyer – video

The grounds for maintenance – care, supplementary and old-age maintenance

Maintenance can only be claimed after the divorce if one of the grounds for maintenance exists at the time of the divorce. If this only arises later, no maintenance can be claimed.

The maintenance

Childcare maintenance can be levied on the parent who has to look after children under the age of three after the divorce. According to the law, it is not reasonable to go to work in this context. Even if a daycare center or grandparents are available to provide partial care, the parent may choose to stay home. If the children are older than three years, the parent can be required to go back to work. Part-time work is absolutely permissible in this case in order to ensure sufficient care for the children.
In certain cases, however, there is still a claim here after the age of three. In the event of problems at school or illnesses of the child, childcare maintenance can also be claimed later. This is usually decided on a case-by-case basis.

Maintenance due to illness

If one of the ex-spouses is no longer capable of gainful employment due to illness, he or she may claim maintenance from the partner on the grounds of illness. The exact extent depends in detail on the type and extent of the health impairment. In any case, however, the illness must be documented by means of a medical certificate.

Supplementary maintenance

If the spouse who is obliged to pay maintenance has a higher and for the marriage formative income, a so-called top-up maintenance can become due from the partner. In order to claim this, one’s own income may not be sufficient to maintain the living conditions. The top-up maintenance is regulated in such a way that it is supplementary to further claims for post-marital maintenance, i.e. the difference is made up by the better-earning partner.

Unemployment benefit

A spouse who is unable to find suitable gainful employment after divorce may claim maintenance. However, such a claim can only be made if no maintenance for care or maintenance due to illness or old age is claimed. In addition, it must be proven that the person concerned has made a serious effort to find a job.

Old age maintenance

If an ex-spouse cannot find a job because of age, he or she can claim maintenance. What age is considered appropriate for this varies from case to case, but usually amounts to the standard age limits for statutory pensions. Younger people can also claim this maintenance by proving that they cannot find adequate work in the possible occupational fields due to their age.

Maintenance in equity

According to the law, it is also possible to demand maintenance if there are serious reasons for not being able to carry out gainful employment and it would be grossly inequitable not to receive maintenance. Precise guidelines as to when such a case occurs are not given and are decided differently from case to case.

Education maintenance

If an education was discontinued or not taken up in anticipation of the marriage, the spouse has the possibility to take up the education again after the marriage or to start it and to claim maintenance during the education. However, the education in this case should be necessary to obtain a suitable job. However, the duration of alimony is limited to the average duration of education.

The amount – so much alimony is entitled to the spouse

The amount of post-marital maintenance is always determined equally by both spouses. First, the income relevant for maintenance is calculated. From the gross income, taxes, social security contributions, reasonable professional applications of a flat rate of 5% and actual expenses for retirement provisions of up to 23% of the gross income are deducted. If the spouse pays child support, this must also be deducted. Of this value, a lump sum of three sevenths, i.e. just under 43%, is deducted as post-marital maintenance if the other is not gainfully employed. However, the person obligated to pay maintenance must be allowed to keep a minimum amount of 1200 euros as a deductible.

• The amount is always calculated in the same way for both separation and spousal maintenance
• Certain liabilities are deducted from the net income and from this the claim arises

The duration – so long must be paid alimony

There is no exact regulation in the law as to how long post-marital maintenance must be paid. In principle, however, there is no lifelong entitlement to maintenance. After the divorce, it is possible to limit the payments in time or to reduce them to zero, but only if it is just and equitable, which is checked by the family court in case of doubt. The determining factor for time limits on alimony is whether the dependent partner has suffered any disadvantages as a result of the marriage, such as a career setback due to caring for their children together or a low pension. Marriages that have lasted longer than 20 years often receive an unlimited maintenance claim.

• The duration is not clearly regulated in the law
• Depending on the duration and course of the marriage, there are different arrangements

The most important questions about alimony after divorce

The question of the financial situation after a divorce is always a topic of conversation. To avoid disputes arising from this matter, it is important to know the legal situation and the rights. Therefore, the experts of Lukinski answer all important questions about the topic of alimony after divorce.

How is post-marital maintenance calculated?

Post-marital maintenance is calculated from the gross income of both spouses, taking into account certain liabilities. Depending on the reason for maintenance, a different maintenance claim arises. The exact sums must be calculated individually in each case.

When do I have to pay alimony to my wife?

In short marriages (usually of two years or less), no alimony arises for the wife. In longer marriages, maintenance must be paid if one or more of the grounds for maintenance can be invoked. However, this varies greatly from case to case.

How long can a divorce drag on?

Divorces by mutual consent with pension rights adjustment are scheduled for a period of between four and six months. Without pension equalization, an amicable divorce is shortened to one to three months. However, if the spouses do not agree, divorces can drag on for a year or longer, depending on how quickly an agreement is reached.

How long do you have to pay separation maintenance?

Separation maintenance only has to be paid until the divorce is official. Separation maintenance is therefore limited to a period between separation and divorce.

What is spousal support?

Spousal maintenance is a transfer payment that must be paid by the higher-earning spouse during the separation and beyond the end of the marriage period. Spousal maintenance is regulated in the BGB.

Family law: divorce, separation year, lawyer and costs – Video

Divorce: children, house and procedure – Guidebook

Facts: Children, expiry and maintenance

• Hardship divorce
• Manage property
• Pension entitlement
• Divorce with child
• Divorce Procedure
• Divorce settlement
• Divorce Law
• Maintenance

Life: Reasons, separation year and name change

• Living apart
• Name change
• Grounds for Divorce
• Separation year

Selling house, apartment building and condominium:

• Sell apartment
• Sell house
• In the middle of a divorce? Sell house quickly

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