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Increases in value that occur only after the relevant cut-off date of litispendence generally remain disregarded for the equalization of accrued gains and remain entirely with the respective owner of the property.
Read moreIn addition to the actual valuation by a local valuer, holiday properties abroad often require consideration of differing forms of ownership, tax regulations, and sales restrictions for foreign owners.
Read moreIn the case of an early equalisation of accrued gains under § 1385 BGB, for example in the event of a prolonged separation without divorce, the property is already valued as of an earlier reference date, regardless of the later conclusion of the divorce proceedings.
Read moreRemaining in the property alone does not change the fundamental valuation for the equalization of accrued gains, but it additionally leads to the imputation of a residential benefit as well as, where applicable, a proportional share of costs for the other partner.
Read moreThe total value of the property is first determined uniformly and then allocated computationally between both partners according to the co-ownership shares registered in the land register, for example 60 to 40 percent.
Read moreA land charge registered in favour of third parties, for example to secure a family loan, is taken into account as an existing encumbrance in the valuation and reduces the net asset value to be applied accordingly.
Read moreA property inherited during the marriage is added to the initial assets as a privileged acquisition at its value at that time. Only the increase in value that has occurred since then is subject to the equalization of accrued gains.
Read moreIn a foreclosure auction, a lower proceeds amount is often achieved than in a voluntary sale, as bidders factor in the risk of a court proceeding as well as the lack of comprehensive viewing opportunities.
Read moreThe housing benefit (Wohnvorteil) reflects the economic advantage that a spouse derives from living rent-free in the jointly owned property after the separation. It is calculated on the basis of the local comparative rent and taken into account in maintenance calculations.
Read moreWhere minor children are involved, the family court may grant the parent with custody a temporary right of use of the family home, regardless of the ownership situation. The financial compensation is handled separately within the equalization of accrued gains.
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