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Where 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.
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 moreForeign properties are in principle also included in the equalization of accrued gains. For rented properties, it must additionally be clarified which national law governs the tenancy relationship and the determination of income.
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 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 moreOwner-occupied properties are generally valued using the sales comparison approach or cost approach, since no rental income exists in this case. The condition and market value as of the relevant valuation date are decisive.
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