Property sale: The best solution in the event of divorce or separation

A neutral real estate consultant is a valuable help in this situation. The best solution is found by carefully examining all the options. But first, the partners need to know what is actually at stake. The first step is therefore a neutral valuation by an independent, experienced appraiser, expert or real estate agent.

These are the options:

• One partner takes over the house or apartment and pays off the other.
• The property is sold and the profit is split.
• The property is transferred to a joint child.
• The property is divided into two independent units. This real division is rather rare because real estate is difficult to divide and would usually require conversion work.
• The property remains in the possession of both partners, is rented out and managed externally. The income is shared.
• In the absence of a willingness to reach an agreement, the last option is a partition auction, which is not very attractive because the partners give up some of their freedom of action and are likely to receive less than if the property were sold outright.

The advisors at VON POLL IMMOBILIEN have many years of experience and can often make suggestions after the first viewing as to what a viable solution for future use or realization might look like.

Couples who have not expressly agreed otherwise live under the statutory matrimonial property regime of community of accrued gains. In the event of a divorce, the assets acquired during the marriage are financially equalized between them. An appraisal of the material assets is required to calculate the equalization of accrued gains. The person who signed the bank contract is liable for a mortgage that is still in force. In most cases, this is both partners. It is irrelevant to the bank whether they are married or divorced.

Depending on your personal situation, some of the above options are ruled out from the outset: It is often not possible for one of the partners to take over the property because neither of them can pay off the other. The real division often fails because it is not possible to create two structurally separate residential units. In many cases, the most lucrative, simplest and quickest solution is to sell the property. This makes a fresh start possible for both parties, without any obligation to the former partner.

The chances of a profitable sale are currently good. Demand is high and property prices have risen sharply in recent years. A sales appraisal provides initial planning security, which is particularly valuable in this phase of life.

(Photo: © Barry D., Pixabay)