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The registration in the land register initially only determines civil-law ownership. For the equalization of accrued gains, the increase in value during the marriage must be equalized independently of this, regardless of who is listed as owner in the land register.
Read moreWithout marriage, there is no statutory equalization of accrued gains. The division of jointly acquired property is instead governed by the civil-law co-ownership shares as well as any existing agreements between the partners.
Read moreThere are three common approaches: sale and division of proceeds, takeover by one partner in exchange for payment to the other, or – if no agreement is reached – a court-ordered partition auction.
Read moreIf the partner wishing to take over the property cannot finance the payout, the usual options remaining are to sell the property on the open market or, as a last resort, a court-ordered partition auction.
Read moreThe partition auction is a court-ordered forced sale procedure used to convert jointly owned property into money when co-owners – for example after a divorce – cannot agree on how to dispose of it.
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