Basically, you must distinguish the ownership of the property from its use. Both must be regulated in the event of separation and divorce.
When separating, usually one of the two partners moves out. The other partner remains in the flat or home with the minor children. If the partner moving out wants to take one or all of the children with them to their new home, they must come to an agreement with the other partner.
If more than six months have passed after moving out, a return to the previous joint marital home is usually no longer legally enforceable. If neither of the spouses wants to move out in the event of separation, a court must decide who may use the joint home and who must move out. The judges base their decision on the best interests of the children. Their aim is to ensure that the children can remain in their familiar environment, i.e. with the partner who remains in the previous home.
If the husband moves out and the wife stays with the children in the joint marital home, which is the most common case, she must pay the separated partner compensation for use, i.e. rent. Unless it is agreed that this housing value advantage will be taken into account in the equalisation of gains.
This rent can initially be lower than the usual local rent. If the living conditions survive the divorce and the husband buys the house and rents it to his ex-wife, she must then pay a regular rent.
There is no need to wait until the divorce to sell the property, both can sell the property already in the year of separation and divide the proceeds between them.
This reduces the time pressure on the sale and has the advantage that, in the event of a divorce, funds are available with which one partner can pay off the other. However, this path should only be taken if both are certain to divorce and neither wants to remain in the property.
You have decided not to stay in the property anymore and want to sell or rent it? Contact us now. We will be happy to support you.
Photo: Mukhina1
