Legal Portion Despite Disinheritance – You have these Rights

In many families there are conflicts, which often lead to parents wanting to disinherit their children. The parents must determine this wish in their will. Much more common, however, is the desire to disinherit the children only until both spouses are dead. This is possible with the so-called Berlin will. The longer living spouse is therefore first the sole heir and only after his death the common children inherit. Learn here which alternatives the law offers and how the legal portion is determined.

Disinheriting Relatives – Will, Inheritance Contract, Berlin Testament

Basically, each person is free to decide who to appoint as heirs and who to disinherit. The testator does not have to justify in his will why he excludes a relative from the succession. However, an exclusion does not mean that the heir receives nothing, because every heir is entitled to a compulsory portion. This entitlement must be requested by the heir himself, because the certificate of inheritance does not mention these entitlements to a compulsory portion. If a testator sets a person as sole heir, this means on the one hand that this person alone inherits the entire estate but also that no one else should inherit who would actually be entitled to inherit.

Married couples can disinherit close relatives together in an inheritance contract or a Berliner Testament. In a classic form of the Berlin Testament, the spouses stipulated that the partner who lived longer would become the sole heir and the children would only inherit when both spouses had died. The parents therefore disinherit their children until both have died. If someone is disinherited, the part of the inheritance that would have been due to this heir is due to the person who would have become heir if the disinherited had already died at the time of the inheritance.

The Entitlement – Only the Next of Kin Receive the Compulsory Portion

Despite disinheritance, close relatives are entitled to part of the assets. This fact is based in the law on the duty of care that the deceased has for his close relatives even after his death. However, this applies only to the next of kin, which, according to the law, are determined as follows: Close relatives include legitimate, illegitimate and adopted children, the spouse, as long as the marriage is still effective at the time of inheritance, partners in a registered same-sex partnership and parents of the deceased, if there are no children. Grandchildren are only eligible if they have been excluded from the inheritance and their parents are no longer alive. Siblings and grandparents of the deceased are not entitled to a compulsory portion of the inheritance and are therefore not to be understood as close relatives. Whoever is disinherited must assert a right to the legal portion of heir’s estate against the other heirs.The Amount – this is how the compulsory portion is calculated

The compulsory portion is half of the legal inheritance that the person is entitled to. For the exact calculation, all relatives must be taken into account, both the heirs and the disinherited, as well as those who have rejected the inheritance. Those who are not taken into consideration are those who have already renounced the inheritance during the testator’s lifetime.

The example explains the distribution of the inheritance as follows: There is a testator who leaves three children as heirs. Child1 has already rejected the inheritance during the testator’s lifetime. Child2 has been disinherited by the testator and must claim his compulsory portion from Child3, who has been designated as sole heir in the will. In a normal inheritance case, each child would receive one third of the estate. Since Kind1 has already waived the inheritance during his lifetime, this is removed from the calculation. The inheritance is therefore divided half each between Child2 and Child3. As Child2 was disinherited, he is only entitled to the legal portion of heir, i.e. half of his actual inheritance. Child2 thus inherits a quarter of the inheritance and child3, as sole heir, inherits three quarters of the inheritance.</block quota>.
If the odds are clearly calculated, the value of the discount can be determined to find out how much is allocated to each odds. Decisive for this second calculation is the market value. Our property valuation explains the methods. This is based on the amount that the heirs could obtain in the event of a sale. For this determination it is often necessary to have the value of real estate, companies or land estimated by experts. The costs incurred for this, however, reduce the right to the compulsory portion. It is therefore advisable, especially for small estates, to determine the value without an expert and to agree among themselves on a compulsory portion.

Remove compulsory portion – these are the Testators’ Rights

Under special circumstances it is possible for parents to disinherit their children completely and also to withdraw the compulsory portion from them. This wish must be expressly ordered and justified in the will. The BGB sets out some reasons for a complete disinheritance. In § 2333 BGB the following is listed, who can be completely disinherited:

• Seeks to kill the testator or a close relative
• Has been sentenced to imprisonment without parole for a criminal offence for at least one year, or is being held in a psychiatric hospital or rehab facility for that reason
• Has committed a crime against the testator or a person close to the testator. This includes, for example, theft or bodily injury.
• Killed the testator or both parents

In general, it must be unreasonable for the testator to leave his share to the beneficiary of the compulsory portion as the minimum economic participation. No reason for a complete disinheritance is, for example, a child who has broken off all contact with the parents and does not care for them. If a child is disinherited in the will and the testator forgives this child however before the death, the disposition in the will is ineffective.

Claims for a compulsory portion are subject to a limitation period of three years. This begins with the end of the year in which the claim arose. As a rule, this means on 01 January of the year following the year of death.

The Most Important Questions on the Subject of the Legal Portion of Heirship

The issue of the compulsory portion and disinheritance in the will is a difficult one that often raises questions among those affected. To ensure that you are well informed and do not make any mistakes regarding deadlines or form, the Lukinski experts will answer all important questions on the subject of the legal portion of heir.

How much is the compulsory portion in percent?

The compulsory portion of a disinherited relative is half of the inheritance share that is actually due. The percentage must be determined on a case-by-case basis, as it depends on how many co-heirs there are and how much of the inheritance is.

How high is the compulsory portion with 3 children?

If the inheritance is divided equally among three children, each would receive one third of the estate. If one of the three is disinherited and therefore demands the legal portion of heir, he would receive half of the inheritance that he would actually have been entitled to. In this example one sixth of the inheritance.

Can a compulsory portion become time-barred?

A compulsory portion shall become time-barred after three years. The period begins on January 1 of the year following the year of death.

Can the compulsory portion be refused?

In order to receive a legal portion of heir, the heir must claim it. If he does not do so, the claim expires after three years. The heir with a right to the compulsory portion does not have to reject it, but simply does not have to claim it.

What is the compulsory portion in the case of disinheritance?

If an heir has been disinherited by the testator in the will, the testator is still entitled to a legal portion of heir. This compulsory portion amounts to half of the legal inheritance.

Can the compulsory portion be claimed during one’s lifetime?

The compulsory portion can be paid by the testator during his or her lifetime in the form of a gift or compensation to the disinherited relative. A claim is not possible, only an agreement with the testator allows this alternative.

Almost no Income Tax: New York Times

I myself have been dealing with finances for a long time. Why? Finances are a matter for the boss. Your tax advisor is often only “consultant”, not “designer”, I know that from my own experience. Then the New York Times had a headline yesterday:

Story: 750$ Income Tax

“Donald J. Trump paid $750 in income taxes (or federal income taxes in the United States) in the year he won the presidency. He paid another $750 in his first year in the White House. In 10 of the previous 15 years, he had paid no income taxes at all-mainly because he reported losing much more money than he earned.”

While the president is leading a re-election campaign, which according to polls is in danger of losing, his finances are under stress, he has suffered losses and hundreds of millions of dollars in debt, which he has personally guaranteed, are coming due. He is also under pressure from a decade-long dispute with the Internal Revenue Service over the legality of a $72.9 million tax refund that he demanded and received after declaring large losses. A negative ruling could cost him more than $100 million. – Extract New York Times.

At a briefing at the White House on Sunday, Trump denied the New York Times story and claimed that he pays “a lot” in federal income taxes.

“I pay a lot, and I pay a lot of federal income taxes” – Donald Trump

Trump added that he is willing to release his tax returns as soon as he is no longer audited by the Internal Revenue Service, which, he said, “treats me badly.”

Must a US president disclose his tax return?

Importantly, the President is not required to keep his tax returns during the audit, despite his repeated assertions to the contrary. Trump also refused to answer in the briefing how much he paid in federal taxes.

Tax Avoidance: How does he do that? 4 examples

The Times article describes a number of corporate and transactional tax claims that could raise significant audit issues for the president and his business organizations. It also points out ways in which the tax laws provide for entrepreneurs to reduce their taxes.

Note, for further details see the full article on Investopedia. Here are 4 examples from the article:

Casino ‘Waiver’ Loss

The Times’ research puts certain tax reduction strategies on Trump’s tax returns in the spotlight.

The $70.1 million refund received for 2005-2007 appears to be due to the recovery of approximately $700 million in business losses claimed for 2009. These losses were probably based on the allegation that Trump Atlantic City’s casino business was completely “abandoned” (Source: IRS. “Publication 544 (2019), Sales and Other Dispositions of Assets. Accessed Oct. 1, 2020).

They would be permissible provided Trump received nothing in return for giving up its interest in the business. However, records of the bankruptcy proceedings show that Trump received 5% of the shares of the successor company, which would have disqualified any loss from the abandonment and limited its deduction to a loss of $3,000 for the year (source: IRS. “Part I, Section 165. Losses.” Accessed Oct. 1, 2020)

Consulting Fees vs. Employee Compensation vs. Gift

Unspecified “consultancy fees”, which can be seen in tax returns, may indicate a common strategy for reducing corporate income and taxes. The $747,622 in consulting fees paid to Ivanka Trump raises several questions. As an employee of the Trump organization, Ivanka should not be paid as a consultant, that is, as an independent contractor.

Unlike employee compensation, consultant fees avoid withholding taxes that are payable by the payer. But in order to be deductible, they must be reasonable, marketable amounts. Although a consultant is subject to reporting and taxation, Ivanka may be able to avoid any tax liability. As a real estate professional, Ivanka may have enough real estate losses to offset the payment. This fee deduction may cause the IRS to raise another issue. Officials may question that the fee – which far exceeds the annual gift tax exemption of $15,000 for 2020 – is in fact a transfer of assets to a family member on which the transferor owes gift tax (source: IRS. “Publication 950.” Accessed Oct. 1, 2020).

Business vs. Personal Expenses

Although not all Trump’s business expenses are explained, the article lists items that may be non-deductible personal expenses (source: IRS. “Publication 529.” Accessed Oct. 1, 2020)

It is noted that on this basis, the IRS may not allow deductions for aircraft used for personal travel and television entertainment expenses. Since the deductions for attorneys’ fees are stated as a lump sum, The Times wonders if the total amount includes fees paid to attorneys representing Donald Trump, Jr. in investigations and the President’s personal legal agreements to obtain confidentiality agreements from the plaintiffs.

Residence or Investment?

The Trump Seven Springs housing estate in Bedford, N.Y., asks additional questions. Although Forbes reported that Eric Trump described the property as a personal residence, Donald Trump called it an investment and deducted the $2.2 million property tax as a business expense. Wealth tax deductions for personal residences are subject to a $10,000 cap on state and local tax deductions (IRS. “Topic No. 503 Deductible Taxes.” Accessed Oct. 1, 2020).

Reading tips: Asset Accumulation & Co.

Here I have some reading tips for you:

1. “Billion-dollar gift: shares largely tax-free”
2. Taxes & Assets: learning from investor experiences

“Billion-euro Gift: Ahares Largely Tax-Free”

“Billion dollar gift for Döpfner – largely tax-free?” – this headline is not from me, but from the morning mail. In fact, Matthias Döpfner has turned the publishing house upside down as boss. While owner Friede Springer stands confidently behind his decisions. Print shares were sold, new online media such as Business Insider, Idealo, Immowelt and StepStone were acquired. Already in 2012 Döpfner has received a big share package for more than 70 million Euro, now a “billion-dollar gift” for the Axel Springer boss is going to go, according to Manager Magazin. The 57-year-old media manager is increasing his previous stake in Axel Springer SE from just under three percent to a total of around 22 percent.

Tip! How does it work that you can get a block of shares almost tax-free? A little further down in the article I explain the methodology, or rather the law behind it.

• • Give away shares: largely tax-free?

Understand and Convert Taxes & Build up Assets

Tax optimization, tax-free, the most popular buzzwords when it comes to wealth accumulation. But how do you actually convert private wealth into taxes? My tip, as before, is to learn from professionals who have all been through it.

Always remember: taxes are a matter for the boss.

• Convert taxes into private assets

Share Gift and Company, PS: Tax optimization is legal

Tip! How does it work that you can get a share package almost tax-free? A little further down in the article I explain the methodology, or rather the law behind it.

First of all, a brief overview: Mathias Döpfner, head of the Springer publishing house, is given a large block of shares as a gift. The parcel of shares given to him, from about 15 percent of Axel Springer SE, has an estimated value of a good one billion euros. According to current news, he will hardly have to pay taxes on it. A “billion-euro gift for Döpfner”, according to the Morgenpost. The Tagesschau (both German) summarizes it best:

“Springer boss Döpfner rises to become major shareholder of the Berlin media house. Publisher’s widow Friede Springer sells her confidant around 4.1 percent of the share capital and gives him another 15 percent or so”

Before we look at how such a gift is structured so that no or hardly any tax is due, here is a rough look at the publishing house Axel Springer SE and its development under Döpfner.

Here’s a quick reading tip: Today it flickered through the news tickers of the world. According to the New York Times, US President Trump pays only 750 Euro income tax. It gets even better, according to the New York Times Trump paid no income tax in 10 of 15 years from 2000 onwards. How does he do that?

• If the US president pay only $750 income tax

Axel Springer SE: Development under Döpfner

As already described in the introduction, he needed changes and Friede Springer clearly sees him as her successor.

The rapidly growing online business boosted earnings before interest, taxes, depreciation and amortization to 309 million euros in the first six months. This is the highest operating profit in the history of the Group. The digital business accounts for around a third of the profit – and the trend is rising, so that Handelsblatt.

How does the turnover develop over time? The Federal Statistical Office reports: “In 2019, the turnover of Axel Springer SE was more than 3.1 billion euros […]. There has been a tendency for revenues to increase since 2007, but the highest revenues of almost 3.3 billion euros were generated in 2015.

AxelSpringer SE at a glance:

• CEO is Mathias Döpfner since Jan. 2002
• The major owner is Kohlberg Kravis Roberts & Co. (43.54%)
• Revenues in 2019 amounted to EUR 3.1 billion
• 16,120 employees in 2019
• Headquarters is Berlin
• The founder of the publishing house was Axel Springer

Subsidiary of Axel Springer

While print shares were disposed of, Döpfer and Springer invested primarily in digital business models. The Axel Springer SE includes among others:

• AWin (Affiliate Platform)
• Ideal
• Immowelt Holding AG
• StepStone

Of course, the publishing house still includes print products, as well as BILD and TV stations like WELT.

• Bild group (Bild , Bild am Sonntag, bild.de)
• Bild magazines (like Computer Bild, Sport Bild, Auto Bild, Audio Video Foto Bild)
• Welt Group (Welt, Welt Kompakt, Welt am Sonntag, welt.de)
• Welt-TV (World, N24 Documentary)

Axel Springer SE: Share Price (Realtime)

Finally, a look at today’s share price with a review of the year:

• WKN: 550135
• ISIN: DE0005501357
• Symbol: SPR

73 million: First transfer already 2012

The Süddeutsche will report as early as 2012 on the first transfer of shares from Friede Springer to CEO Mathias Döpfner worth around 73 million euros.

“The generosity has a “purely private background”

The Pressehaus said:

In order to fend off overly curious journalists, Springer agreed on this language regulation. It also has an impact on how much tax Döpfner has to pay on the gift, so on in Southern Germany.

“If the tax office were to come to the conclusion that the reason for the share transfer was Döpfner’s employment relationship, he would have to pay millions in wage tax on the gift. With the solidarity surcharge, around EUR 36 million in taxes would be due. If, on the other hand, Döpfner succeeds in convincing the office that Friede Springer gave him the shares out of pure affection, he could save a lot of money. Under certain circumstances he would then even have to pay only around 2.5 million Euro to the tax office.”

Why Largely Tax-Free? Explanation

First of all there is a tax-free amount for all donations. The regulations are laid down in the Act on Inheritance and Gift Tax.

Free Amount in Case of Gift (Capital): Outside the Family

In general, the following rates from the Inheritance Tax and Gift Tax Act (ErbStG) § 16 allowances for inheritance and gift apply.

(1) In cases of unlimited tax liability (§ 2 paragraph 1 number 1) the acquisition remains tax-free:

1. Of the spouse and the life partner in the amount of 500 000 euros;
2. Of children within the meaning of tax class I No. 2 and children of deceased children within the meaning of tax class I No. 2 in the amount of 400 000 Euro;
3. Of the children of the children within the meaning of tax class I No. 2 in the amount of 200 000 Euro;
4. Other persons in tax class I in the amount of 100 000 Euro;
5. Of persons in tax class II in the amount of 20 000 euros;
6. (omitted)
7. Other persons in tax class III in the amount of 20 000 Euro.

The Morgenpost reports accordingly:

Actually, the publisher’s widow’s gift to her top manager would not be such a generous one. For gifts outside the family, 50 percent gift tax is due above the allowance of 20,000 euros. In this case, this means almost half a billion euros. But there are exceptions, for example for business assets.”

Free amount for donation: Within the family (excursus)

Within the family you have a higher allowance:

• Spouses and registered partners: 500.000 Euro
• Donation to children: 400.000 Euro
• Gift to grandchildren: 200.000 Euro

If there is little or no degree of kinship, the tax-free amount is, as described, only 20,000 euros.

Share Package Almost Tax-Free: Method Explained

Why is a large part of the share package now largely tax-free?

The package has a volume of 15%. During the transfer, a law was exploited to prevent the possible insolvency of companies. Due to the high volume, Axel Springer SE could get into financial difficulties. As a reminder, the gift tax outside the immediate family is 50%, the tax-free amount is only 20,000 euros.

Gift tax: 50%

Exempt amount: 20.000 Euro

Tax-free: Possible financial threat to Axel Springer SE

The possible financial threat to Axel Springer SE is therefore the legal sticking point, which is why a large part of the tax (according to current news [03.10.2020]) is waived.

Gift, Capital Gains, Real Estate – Almost Tax-Free ?

We have answered the question from the headline: “Largely tax-free? Now we come to the second part: “Can I do that too?” Short answer: Yes. The way: Coaching from a professional, learn, understand, actively apply. The important thing is that taxes are a matter for experts.

You want to Save Taxes like a Pro?

You want to save taxes like the professionals? I don’t write any names because I don’t want to make a big advertisement, but there are great tax coaching services just a google search away.

I have been following several self-made real estate investors for a long time. Anyone who has made it from zero to a millionaire with legal methods can only be a good role model for me.

The best thing about tax optimization, it is absolutely legal!

US President Pays only 750 Dollars Income Tax

As I have reported here in the article about the American President’s meager 750$ reported taxes, tax optimization is common practice. Everyone who submits a tax return and for example deducts travel expenses is actively minimizing taxes.

Financial optimization is especially about understanding and knowledge: Knowing that your tax advisor does not have and will never have. If he or she did, he or she would be an investor himself.

In other words: If you know the legal methods and ways of tax optimization, you can instruct your tax consultant to do the right things. The tax consultant should then take care of the operational work. Everything strategic, methodical, you should master.

Understand and Convert Taxes & Build up Assets

Tax optimization, tax-free, the most popular buzzwords when it comes to wealth accumulation. But how do you actually convert private wealth into taxes? My tip, as before, is to learn from professionals who have all been through it.

Always remember: taxes are a matter for experts.

• Convert taxes into private assets

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
• Maintenance

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.

Divisional auction

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.

1. Sales documents
2. Energy performance certificate and extract from the land register
3. Building description and cadastral map
4. Special documents for special properties
5. 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.

1. Life goals
2. Affairs
3. Quarrel

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!