Divorce property: When the ex-partner doesn't want to move out

At the beginning of the relationship, happiness seems perfect. But not all couples' happiness lasts forever. If the owners of a shared property divorce, the question arises: who gets to stay and who has to go? A tricky matter, especially if the marriage did not end by mutual consent.

Avoid squabbles and arguments about the family home

If couples are unable to reach an agreement during divorce, there is the threat of a partition auction. This is often accompanied by financial losses. So please don't let it get that far in the first place. Agree on what will happen to your former home. In this way, you can avoid it being sold for less than its value in a forced sale. A real estate professional trained as a mediator can also settle disputes between couples in divorce and advise them on the options for the property.

Clarify ownership structure

Let's assume that the property is owned equally by the couple. A quick look at the land register is all that is needed to establish the ownership structure. Immediately afterwards, the question arises as to how to deal with the separation. There is no easy way to get rid of an unpleasant ex-partner. In the best-case scenario, the former lovebirds will be able to discuss upcoming changes rationally - without getting too emotional - and act accordingly.

After the separation: leaving or staying in the property as a statement

Once the separation is complete, often only one spouse remains living in the former family home. The person who leaves of their own free will gives up their right of possession of the home. In plain language, this means that from now on they may only enter the property with the consent of their ex-partner.

David against Goliath: When neither ex-partner leaves voluntarily

If both ex-partners are attached to the property, a decision by the highest court is required. The court will decide who has to leave. The focus is on the welfare of the minor children. In plain language, this means that the partner with whom the children live may stay. After all, the children should remain in their familiar environment and not be made to feel insecure.

The downside of staying in the property

The question arises: Has the spouse remaining in the property hit the jackpot? The answer is: Yes and no. Although they may remain in their familiar home, they must pay compensation for use to the ex-partner who has moved out.

What does the separation mean for real estate ownership

Once the year of separation has passed, the ex-partners need to think about what to do with the former dream home. They could give it away to their children during their lifetime or one spouse could transfer their share to the other, making them the sole owner of the property. There is also the possibility that everything remains as it is and the property is simply rented out. Last but not least, the property can also be split into two separate residential units.

Have you separated and need advice on your divorce property? Then get in touch. We will be happy to advise you.

Note

For reasons of better readability, the generic masculine is used in this text. Female and other gender identities are explicitly included where this is necessary for the statement.

Legal notice

This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

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