Real estate sale: the best solution in case of divorce or separation

Divorces or separations are often the end of a stressful phase of life - the common ground ends in a dispute over material things. It is therefore all the more important to separate the emotional from the factual and to find the best solution for the joint real estate property.

A neutral real estate consultant is a valuable help in this situation. The best solution develops through careful consideration of all options. But before that, the partners must first know what it is actually about. The first step is therefore the neutral valuation by an independent, experienced appraiser, expert or real estate agent.

These are the possibilities:

• One partner takes over the house or apartment and pays off the other.
• The property is sold, the profit is divided.
• The property is transferred to a common child.
• The real estate property is divided into two independent units. This so-called real division is rather rare, because real estate is difficult to divide and usually require conversion measures.
• The property remains in the possession of both partners, is rented to others and managed. A revenue is shared.
• In the absence of will to agree remains as a last resort a partition auction, which is not very attractive, because the partners thereby give up part of their freedom of action and probably less revenue than in a free sale.

The consultants:inside at VON POLL IMMOBILIEN can offer from many years of experience often already after the first inspection proposals for a viable solution, the future use or exploitation.

Legally, married couples who have not expressly agreed otherwise, live in the legal matrimonial property regime of the community of gains. In the event of divorce, the assets acquired during the marriage are financially balanced between the partners. For the calculation of this Zugewinnausgleich a value appraisal of the material goods is necessary.

For a mortgage still running, the person who signed the bank contract is liable. That is in most cases both partners. For the bank, it is irrelevant whether the couple is married or divorced.

Depending on the personal situation, some of the above options are ruled out from the outset: So it often happens that none of the partners is able to pay out the other. Also the real division fails often enough, because it is practically not possible to produce two structurally closed housing units.

The most lucrative, simplest and fastest solution is in many cases the sale of the house or the dwelling. This allows both sides to make a fresh start without any obligation to the former partner.

(Photo: © Barry D., Pixabay)