How do we decide who stays in the property?

Basically, you must distinguish the ownership of the property from the use. Both must be regulated in the event of separation and divorce.

In the event of separation, one of the two partners usually moves out. The other partner remains in the apartment or home with the minor children. If the partner moving out wants to take one or all of the children with him to his new home, he must reach an agreement on this with the other.

If more than six months have passed since moving out, it is generally no longer legally possible to return to the previous shared marital home. If neither spouse 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 as far as possible, 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 is taken into account in the equalization of gains.

This rent may initially be lower than the 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 among themselves.

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 and want to sell or rent it? Contact us now. We will be happy to support you.

Photo: Mukhina1

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