What will happen to the joint house after the divorce?

Clear conditions regarding the property prevail if the spouses have agreed on the separation of property in a marriage contract. Although the separation of property can save nerves, it is still the exception in Germany today.

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

Instead, most spouses live on the principle of community of accrued gains. In concrete terms, this means that the spouses share the assets, goods and debts acquired during the marriage. During the divorce, lawyers ensure that neither spouse suffers any financial disadvantage from the years of marriage.

What happens to property that can’t be easily divided?

Real estate holds enormous potential for conflict during divorce because it cannot simply be divided.

Living separately, but still under the same roof: Hardly any phase is more emotionally upsetting and difficult than the fresh separation and the phase in which both still live in the same property.

Those who suddenly find themselves living separately must note that the departure of one of the partners does not change the ownership of the property. Joint property remains joint property, while sole property remains in the hands of the sole owner. The one who moves out can even claim compensation for use from the other partner. This is based on the rental conditions of the locality.

The case that the property was already owned by one of the spouses before the marriage is rarely the case in Germany.

Instead, both spouses are usually legal owners of the house. In this case, the spouses cannot demand that the other move out. If both are emotionally attached to the house and property and neither wants to leave the four walls permanently, this can develop into a stressful dispute.

What becomes of the shared house in a divorce?

Who is allowed to stay in the apartment when separated?

Possible solutions for heirs

The following possible solutions are available in this situation:

1. The house is signed over to one of the spouses before the divorce. The latter pays the other spouse
2. The house is sold during or after the divorce, the amount is divided
3. If an agreement is not possible, a partial auction of the house can be applied for.
4. The house will be divided (through conversion measures) into condominiums
5. The house remains in the possession of the spouses and is rented out

Keeping the property together

The thought of continuing to own the property may seem tempting, but it carries a huge disadvantage. It doesn’t matter whether the property is converted to include two condominiums or the spouses rent out the house: Both mean that the couple will be connected in the future.

Spouse wants to continue living in the house?

If one of the two wishes to continue living in the acquired house, this partner is obliged to pay the other partner half of the value of the house. This often presents a great difficulty financially for those involved. Furthermore, the person who wishes to remain living in the property in the future must check their finances. In addition to paying off the spouse, there are additional costs associated with taxes, alimony, and utilities. Any repair costs for the property must also be taken into account.

It is not always possible for the individual spouses to meet these high expenses.

Selling the house is often the only sensible solution if both spouses want to leave the marriage without financial damage. After the sale of the house, the proceeds of the sold property can be divided between the two.

Disputes are prevented, as neither of them feels disadvantaged vis-à-vis the ex-partner. In addition, joint obligations, such as the loan that was signed by both of them for the purchase of the house, expire with this.

It should be noted that the sale of the joint property can only take place jointly. Only with the mutual consent of both can the house be sold to a third party.

By the way, you do not have to wait until you have filed for divorce to sell the property; you can already do so after the separation.

The procedure for selling a house before divorce

Experience shows that loose promises are often not kept when it comes to emotional matters. If it has been jointly decided that the house will be sold, it makes sense for the spouses to agree on specific dates for vacating the house. This ensures that the house will be empty at the necessary time.

In addition, it is in the best interest of both if a minimum sale price is set for the home.

The next step is to create an energy certificate for the property. This is a prerequisite for the sale of the property. Afterwards, the real estate agent can already be contacted. He can inform the spouses about the asking price and explain all further steps.

We would also be happy to advise you personally on your property. Please contact us.

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

Separation and divorce – the reasons for ending a relationship

End a relationship or marriage is always difficult. The law also lays down some rules that do not make the process easier. The law does not specify reasons for divorce, but what are the reasons to end a marriage and what are the top 10 reasons for divorce in Germany?

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

The most important at a glance:

• Since 1977, the law no longer requires grounds for divorce…
• In every relationship there are different problems that can lead to a separation or a divorce
• Common reasons for divorce are infidelity, violence, differences of opinion, drugs, constriction or the lack of common interests.
• The decision to divorce should never be taken lightly
• Talking and working together on the relationship can help save the marriage and overcome the difficulties

Legally valid grounds for divorce – the law in divorces

The law specifies many things when it comes to divorce. However, since 1977 married couples no longer have to state a reason for divorce in order to be able to divorce. The principle of guilt was replaced here by the principle of disruption. However, the legislator specifies a separation year. Before married couples can get divorced, they must go through a separation year, during which the couple is separated but still remains married. This year is to protect against hasty decisions and purely emotional whims and to preserve the principle of marriage. Only in cases of special hardship, the separation year can be omitted.

The grounds for divorce – infidelity, violence and disputes.

There are many different reasons to end a marriage. In each case, the reasons are different and the individual situation of the couple plays a huge role. For some, certain reasons are cause for separation while for others they are not really a reason. In most cases, however, it boils down to similar problems.

Why do women get divorced?

According to a survey by Brigitte magazine, life goals in particular are the reason for divorce. Of 43,000 women, almost 32 percent named different ideas about the future as the main reason. “We’ve grown apart,” they often say succinctly. Place 2 occupies the infidelity with 29.2 per cent. Here affairs of the partner are decisive as a reason for divorce. 10.9 percent of respondents named constant quarreling, bickering and bickering as the main reason for divorcing their husbands, which is thus the third most common reason.

1. Life goals
3. Controversy

Cheating and infidelity – lack of trust in the relationship

Trust is known to be one of the most important prerequisites in a relationship. However, this can be destroyed by infidelity. In monogamous relationships, infidelities are one of the most common reasons for separation. For some, a single slip means the end of the relationship, while others are willing to talk about what happened. Such conversations can bring up issues that were not brought up before and problems can be sorted out. Depending on the situation, such conversations can give a relationship new hope and a second chance can lead to a happy ending.

However, the cheating should not be taken lightly in any case and should be considered by both partners as the first problem in the relationship. In many cases, such a fling means the end of the relationship.

Addiction and drugs – a burden on coexistence

Addiction and substance abuse can become a problem in many relationships and a reason for separation. Often partners of addicts are co-dependent and unknowingly support their partner’s unhealthy behavior. Such relationships are extremely unhealthy for both parts of the relationship. In any case, outside help should be sought and the problems worked through. Depending on the case, this can be done together as a couple or individually after the divorce. Support from outside or an own insight are the first important steps to get out of this cycle.

Violence in relationships – unhealthy relationship with each other

Violence in relationships can take many different forms. This ranges from physical violence in any form to psychological violence in the form of condescending comments or insults. In such relationships, it is important to seek outside help and find a confidant to help one out of this difficult situation. In any case, such behavior constitutes grounds for separation and should not be taken lightly. Violence in relationships counts as a hardship case in most cases and can even be cited as grounds for a hardship divorce, which means that the separation year does not have to be observed. Learn more about hardship divorce!

Constriction of the partner – pressure in the relationship

Constrictions in relationships happen very often and are often exercised unnoticed by the people involved. These include, for example, a strong form of jealousy or small tricks that prevent the other partner from organizing their own leisure time. This behaviour often comes from fears of abandonment or a feeling of inferiority. Such problems should be openly adressed and discussed in relationships. Through such discussions, the partner’s anxiety can be relieved and the behavior may improve. If this is not the case, the relationship can become a constricting place that is unhealthy for both partners. In such a case, the situation is definitely grounds for separation!

No common denominator – lack of common ground

These problems often arise when the couple gets into the daily grind and the rose-red glasses slowly disappear. In such situations, couples realize that they actually have nothing in common. Neither political attitudes nor hobbies, eating habits or even the circle of friends. Lack of common interests can become a big problem and cause arguments. To what extent this burden is a reason for separation, however, must be decided individually in each situation. For a while, such lack of common ground can be concealed with a lot of tolerance and love, but the question remains whether the relationship has a long-term future.

Lack of physicality – the attraction is gone

Physicality is very important in relationships and speaks not only of love, but also of a desire for each other. If the tenderness in relationships become scarce, the question remains open how much feelings and attraction are still present in the relationship. Through conversations and joint work, relationships can often be saved and also the physical desires rekindle, but the lack of physicality can certainly become a serious problem and also a reason for separation.

Ranking – the most frequent reasons for separation in Germany

After we have looked at the various reasons for separation and the requirements of the legislator, the only question that remains is which are the most common reasons for separation in Germany and how many marriages are actually divorced in Germany.

Lack of commitment

Lack of commitment is one of the most common reasons for separation in Germany. After some time, couples drift apart, love turns into friendship and the commitment to maintain and work on the marriage is missing.

Infidelity

Infidelity is often the straw that breaks the camel’s back. Already unhappy relationships were finally shattered by the cheating and divorce was the last resort for the couple. In such cases, however, the separation is usually the best for both parties, because the relationship was already falling apart before the infidelity.

Disputes are often not fully resolved in relationships due to communication problems and thus keep resurfacing. The constant arguing changes the feelings towards the other person and the positive atmosphere of the relationship gradually deteriorates. Divorce is the best solution for the couple.

Married too young

The topic of age plays a role for many. Especially during the twenties, people’s feelings and personalities change and go through a transformation. Relationships often break down due to such a change, because common interests disappear or too few commonalities remain. The trend towards marriage gradually shifts to the age of late twenties, early thirties.

Finance

Money problems in relationships often lead to arguments. If these accumulate, the finances quickly become a major issue in the relationship and can become a reason for separation. Often, these arguments are only part of the problems, but ultimately bring the barrel to overflow.

Drugs

Substance abuse presents a difficult issue in relationships, especially when only one partner is affected. These problems are often not the sole reason for divorce, but depending on the case, they can become too much of a strain on the relationship.

Violence

Violence in relationships, be it psychological or physical is grounds for separation and even warrants a hardship case in court. Any kind of violence should not be tolerated in relationships and should be grounds for divorce.

Health problems

Health problems cause debt and pain, and especially prevent one partner from doing their part in the relationship. Illnesses can make relationships stronger and make the partners a team, but they can just as easily cause the relationship to break down from the strain. An illness is often a reason for separation in marriages and relationships.

Lack of family support

The family is an important pillar in life for many people. It is therefore just as important that one’s partner gets along well with the family and, in the best case, is integrated into it. If disputes arise at this point and there are conflicts between partner and family, this can become a burden for the relationship. The family is therefore also often a reason for the breakup of a relationship.

The number of marriages in Germany in 2018 was 449,466, according to the Federal State Office. In comparison, the divorce rate in 2018 was 32.94%, which means about 0.3 divorces for every one marriage.

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