Selling joint property in the year of separation - there is much to be said for it

The division of a joint property is often a huge challenge for married couples in divorce. Even when both partners are actually in agreement. Selling the property at an early stage can in many cases be the best solution for both. If one spouse wants to stay in the property after the divorce, on the other hand, caution is required when creating facts during the separation year.

Even the practical implementation of the separation year is not easy for owners of a joint property. The legislator requires that a married couple must live separately for one year until the divorce. But additional costs for a rented apartment many can not afford and spend the separation year therefore nevertheless under one roof - only without common bedroom, common kitchen and common purchase.

Short and painless: Sale of the property in the separation year

So a separate household management in a joint property is possible if necessary - but would it not be much easier to sell the house immediately? There is a whole series of arguments that speak for it. Often, the property was financed by a loan, which must continue to be repaid by both partners during the separation and after the divorce. A sale, on the other hand, opens up the possibility of paying off loans and debts in one fell swoop - and taking advantage of the current price high on the real estate market. A great relief! Splitting the proceeds of the sale between the spouses is significantly easier than any other solution. Moreover, those who approach the sale of a divorce property early and without time pressure can look for a buyer at their leisure. This means good chances for significantly higher sales proceeds. To prevent disputes from arising in the sales process, an impartial, expert broker should be engaged. This way, none of the partners can question afterwards that everything was fair during the sale. Conclusion: by an early sale, already during the separation year, spouses in divorce are spared much conflict potential.

One remains - the other moves out: Complicated legal situation in the separation year

Nevertheless, the decision often turns out differently for practical reasons. A parent wants to remain with the children in the familiar environment and continue to use the property. The other partner should move out and look for something new. As far as the rough roadmap is concerned, many couples can agree quite quickly even in such cases. Also, many do not want to drag out the process painfully, but rather settle everything clearly already during the separation year - through a proper contract. However, there are legal consequences to consider that you probably don't expect, for example: equalization of gains, housing advantage and maintenance claims. About possible disadvantages in the division of a divorce property already during the separation year, you should in any case seek legal advice, so that you do not experience any nasty surprises afterwards in the divorce process.

Are you unsure what the best solution for your divorce property is? The team of VON POLL IMMOBILIEN Bayreuth office with its real estate agents (IHK) and the office owner Mark Beyer, Certified Independent Expert for Real Estate Valuation (PersCert®), will be happy to advise you.

Not found:

https://www.finanztip.de/trennung/

https://www.scheidung.de/waehrend-der-trennung-haus-und-wohnung.html

https://www.scheidung.de/trennungsjahr.html

Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts of your specific individual case clarified by a lawyer and/or tax advisor.

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