Divorce property: when the new partner wants to move in

Divorce is not a pleasant and simple matter. Especially when there is a joint property. The ex-couple often disagree, fall out or distrust each other. If the new partner of one of them wants to move into the house, the chaos is perfect. What solutions are there?

Katrin H. and Benjamin G. found themselves in exactly the same situation. Two years ago, Katrin H. divorced her husband Dirk H.. During the year of separation, she decided to move into the property that she and her ex-husband owned with her new boyfriend Benjamin G.. However, this met with considerable resistance from Dirk.

No emotionally charged conversations

Katrin tried to convince her angry ex-partner that she would continue to live in the house they shared while he looked for a new apartment for the year of separation and afterwards. But Dirk simply wouldn't budge. If it were up to him, he would rather sell the property than let his wife and her new boyfriend live in it. The conflict intensified. The couple found themselves in a dilemma that they couldn't get out of on their own. A friend of theirs agreed. In order to resolve the dilemma, she recommended that they consult an impartial real estate professional and resolve the matter professionally.

Advice from a broker - possible solutions

Dirk and Katrin pulled together and made an appointment with a regional estate agent. He showed them various options on how to proceed in the situation. One option: Dirk sells his share to Katrin and uses the money paid out to find a new apartment.

The second option is to move out without selling the share. Dirk would then be entitled to compensation for use until the divorce was legally finalized. The estate agent informed them that the amount of compensation would depend on several factors.

Among other things, the value of the house they shared. He recommended that the couple agree on an amount together, as otherwise the family court would have to make a decision. As a further option, the estate agent offered the professional sale of the house in order to divide the proceeds of the sale between the couple. This would allow both partners to look for new and emotionally unburdened residential property.

After the meeting, everyone sat down together and, with the help of the estate agent, agreed on a solution that suited everyone. In the end, Katrin and Benjamin did not move into the old property, but were able to buy their own four walls from the proceeds of the sale.

Would you like to know what options are available for your divorce property? Then contact us! We will be happy to support you.

You can find more information here:

https://de.wikipedia.org/wiki/Einvernehmliche_Scheidung

https://www.scheidung-siegen.de/auseinandersetzung_vermoegen_trennung/nutzungsentschaedigung_wohnung_trennung/index.html

https://www.scheidung-online.de/ehewohnung/nutzungsverguetung/

Notes

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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