Move out of the shared house after separation

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

Who should move out of the shared house?

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

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

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

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

Whoever leaves the house is entitled to compensation for use

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

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

The joint credit

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

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

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

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

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

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

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

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

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

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

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

Conclusion: Joint property and separation

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

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

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

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide

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

Interior design: The latest trends in home design

Once the house has been found and bought, it’s time for individualisation and renovation. But what are the latest trends and how does the interior design get a very personal touch?

Living trends: natural, hygge and the feel-good factor

The living trends go further and further in one direction, namely to the trend home love, feel good and above all the return to nature. This is expressed in many natural materials, fabrics and shapes. The theme of hygge is a significant factor in this context. The word hygge originally comes from Danish and means something like cosy, pleasant, comfortable or intimate. In this context, the trend has evolved and the cozy atmosphere and feeling good in your own home is the focus. This is achieved especially through natural materials, such as wood or stone. In addition, subtle colors, such as light gray, beige tones and white are combined to create a coherent overall picture. Plants and green tones that are not too gaudy can also be found in the concept and again refer to nature. In his created home you should find peace and relaxation and thus be able to escape the stressful everyday life.

Living trend Lagom: Cosy, thoughtful but not too crowded

This living trend is once again due to the north. Here it is all about finding the golden mean. Literally translated, it means something like ‘just right’ or ‘not too much and not too little’. However, this is not just about living and decorating, but about the balance of all things. More specifically, around sustainable living that rewards us with contentment. Lagom, like Hygge, also relies on natural materials such as wood and want, but avoids the too-full look. The idea is to invest wisely in favourite pieces that you won’t get tired of for a long time. Always mindful of sustainability and our environment.

Redesigning living spaces and falling back on old familiar things

Moving can be very expensive and of course you don’t want to furnish the new apartment completely with new furniture, but you want to move your favorite pieces with you. Often it turned out to be difficult to integrate the old pieces of furniture into the new space and create a cozy atmosphere. Among other things, this can be due to the fact that the new property is divided differently and the dimensions of the existing furniture can not be combined with the dimensions of the living space. However, you can easily take the tricks of interior designers and approach the design of the new living space with proper planning and organization. To find the perfect couch for their living space, check out our post on‘The Perfect Couch‘.

Space planning: using the technology of interior designers

Of course, you can also hire an interior designer for the new design of their living spaces, but this is too expensive for most and also not necessary. Instead, you can use the technology of the professionals to design your new home yourself.

Interior designers use certain programs with which they can graphically depict and design the rooms on the computer. But since it would take too long to learn how to use the programs, you can use the cut-down version of them. First you have to measure each room exactly. Write down all the measurements on a piece of paper.

You need the length of each wall and where the doors and windows are located. It is best to write down the measurements in centimetres so that it is easier for you later. When you have taken all the measurements of the new rooms, do the same with the existing furniture. You will need the length and width of each piece of furniture. When you have taken all the measurements, start dividing them by 10 to reduce the scale.

Now you need a large sheet of white paper, preferably A3 size. First draw the room in a smaller scale on the paper, together with all doors and windows in the right places. Then draw all the furniture in small scale on a separate sheet of paper, label them and cut them out.

Now you can move them back and forth in your pre-drawn room, try out different constellations and see exactly which pieces of furniture fit best to scale where and where something might still be missing. With the help of this plan, you can also find out how big the missing pieces of furniture can be.

You can use this technique for all rooms, effectively planning which piece of furniture to place where. It does take a bit of work, but it’s worth it and gives you a better feel for the room. You can keep these plans and if you ever want to redesign your new home, it’s worth using them again.

Using colours to structure and design rooms

After you know how you want to place your furniture, you should think about the style that your new property should have. Of course, furniture is already a big part of the style, but you can change and direct it with accessories but especially with wall colors.

Some rooms do well with a normal white wall, because the furniture is very fancy and it is enough to put accessories to complete the style of the room. However, in a room with more subtle furniture, accents of color on the walls do very well. In general, it is advisable not to use too bright colors, as they can quickly make the room look very hectic and cluttered. For color accents, it is advisable to accentuate only certain areas of the room with it and not directly paint all four walls with it. For this, you should choose the right spot that supports the room in its style.

Another good tip to also make a room look taller is to not paint to the top of the wall, but leave a small border where the wall overflows into the ceiling with white paint. The room will look taller and therefore larger and more inviting. The texture of the wall is also key. For example, it makes a big difference whether you use ordinary woodchip wallpaper or leave the walls smoothly plastered.

It looks more elegant and softer to have the walls plastered, but is a greater expenditure of time – and money. Wallpaper also offers a great design surface. It is also recommended here not to resort to too colorful elements, but rather to subtle colors and great patterns. You can also use wallpaper to bring a certain flair to the room, such as photo wallpaper that depicts a brick wall and thus give the room an industrial look. Of course, the most important rule in interior design is ‘what you like is allowed’, but it’s worth looking at the latest trends and getting inspired.

https://www.instagram.com/p/BnoxgZxCRSW/?tagged=wallpaper

Decoration: Accents shape the room

After the arrangement of the furniture and the colors of the walls is determined, the room is ultimately completed by the right accessories. Often, and especially for inexperienced room decorators, it makes sense to get the accessories after the walls are painted and the furniture is in place. You can simply better visualize where a picture or plant would look best in the almost finished room. Accessories shape the room and ultimately, you’ll never really be done because great accessories can be found everywhere and you can always add to their collection. In general, you should decide on a color pattern and stick to it, their furniture and wall color should also fit into this pattern. For a plain room, fancy accessories, a special painting or a great big lamp to give the room some flair. In rooms with special statement pieces, such as a colorful sofa or a patterned wallpaper, more subtle accessories should complement.

The most important thing in interior design is that you follow your own style and design the room so that you feel comfortable in it. The most important thing is that you find yourself in the design and that it represents you as a person.