The best interests of the child take priority when allocating the marital home, so courts frequently grant the primary caregiving parent a temporary right of use, even if that parent is not the owner.
For the permanent financial settlement, however, the equalisation of accrued gains (Zugewinnausgleich) remains decisive irrespective of this, which is calculated on the basis of an independent valuation report.
For the period of use by one spouse, a so-called housing benefit (Wohnvorteil) can additionally be credited, which economically reflects the free-of-charge use.
The temporary right of use of the marital home is generally granted for a limited period and regulated within the framework of a separate family court proceeding, independent of the actual divorce proceedings.
For the final financial settlement, such as a sale or a takeover, a current valuation report is always required, irrespective of the right of use.
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