The decisive factor is the loan balance still outstanding at the respective valuation date, not the original loan amount at the time the contract was concluded.
If special repayments were made jointly during the marriage, this increases the equity that can be credited and thus potentially the accrued gains to be equalized.
With larger outstanding debts, it can happen that, despite an increased property value, only a comparatively small net asset value remains for the equalization.
If the loan was taken out jointly during the marriage, the remaining debt still outstanding on the final valuation date is directly deducted from the determined property value in order to establish the actual net asset value.
In the case of separate loans taken out by only one spouse, it must additionally be clarified who the property, and thus also the associated liability, is legally attributable to.
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