Division of Assets and Property during Divorce Cases in Germany

German Family Lawyers

Division of Assets and Property during Divorce Cases in Germany

German Family Lawyers

The division of assets and property in a divorce not infrequently leads to considerable disputes between the persons involved. As a German multidisciplinary law firm, we offer equally competent and committed support in all legal matters that may arise in connection with a divorce. Whether it is the division of the matrimonial home, the calculation of the gain or questions of real estate law – our lawyers will support you with their specialist knowledge. They have excellent expertise in German divorce, inheritance and tax law, as well as the necessary empathy to make this emotionally demanding situation as pleasant as possible for you. We ensure that your property claims are clarified as quickly as possible and, if necessary, enforced in court.

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Legal assistance in German Family Law

Clarification and enforcement of your claims
  • Advice on all relevant asset issues

  • Calculation of the profit

  • Tax-optimised division of assets

  • Judicial enforcement of claims and demands

Expertise
  • Assets: Duty and right to provide and receive information
  • Prenuptial agreement | Divorce settlement | Joint liability issues

  • Division of property and equalisation of gains

  • Equalisation of gains: Valuation of debts | Insolvency law aspects

  • Equalisation of purchasing power in the case of gain

  • Out-of-court settlement
  • Relevant aspects of German inheritance law

  • Business valuation for equalisation of gains

  • Division of the matrimonial home

  • Foreign real estate | Real estate law aspects

The Nature of the Assets

Assets divided after a divorce include marital property, real estate acquired through joint accounts or the related purchase agreements signed by both parties, pension plans and stock options. Some assets acquired before the marriage may have increased in value during the marriage, and this may be reflected in the subsequent division of the assets, as the increase in value may be divided between the spouses.

However, not all assets are divided between the partners. As a rule, the assets that were accumulated jointly during the marriage and for which both partners signed as owners are divided. If debts were incurred during the marriage, these must also be examined alongside the assets. However, the debts are not simply divided between the spouses in a divorce, but it must first be clarified which of the two spouses is contractually obligated as debtors. If one of the spouses is the sole owner of a property or asset, he or she alone is liable for the debts incurred. If one of the spouses is contractually obliged to finance a deficit, they must usually also repay it. A contract that is not signed by both spouses and does not benefit both spouses is not considered a joint liability.

Certain contractual arrangements may be considered “unfair” depending on their circumstances. This is particularly relevant if the loan (paid by both spouses) benefits only one spouse. Another aspect to be considered in a divorce is the pension equalisation. Beneficiary pension insurance can likewise be determined as assets.

The Marital Home and the Division of Property

The division of property is a complex process, and this can especially be the case when it involves the decision regarding the marital home. Whereas the spouses’ issues conc