How does a property division work?

If both partners still get on well, property sharing can be an interesting option. Especially for couples with children, this option allows both parents to live close to their offspring. And it's not too much of a change for the children themselves when one home suddenly becomes two.

The basic prerequisite for this is, firstly, that both partners still get on so well that physical proximity is not a problem. On the other hand, the property must also be suitable for division. Can two separate entrances be installed? Do both residential units have their own bathroom and kitchen?

In order to divide the property into two residential units, most owners will not be able to avoid a conversion. Depending on the size of the conversion, this may involve high costs.

For an official division, in which both partners are allocated an apartment, you also need a declaration of division. This regulates which areas of the property or land belong to the common property and which belong to the separate property (i.e. the respective residential unit). It also determines the rights and obligations of the owners. Even if you do not live in your property yourself but rent it out, the declaration of division is necessary. This is because it clarifies what is for communal use and what is for private use only. In order for the declaration of partition to become legally binding, it must be notarized by a notary and entered in the land register.

Do you want to share your property? We will be happy to advise you on your questions.

Photo: Jacek_Sopotnicki