How does the division of shared assets work in a divorce?
February 3, 2024 | 40,00 EUR | answered by Johann König
Dear lawyer,
My name is Ammelie Evers and I am faced with the difficult decision of divorcing my husband. During our marriage, we have built up shared assets consisting of real estate, stocks, and a joint bank account. Now I am wondering how the division of these assets would proceed in the event of a divorce.
Our marriage has lasted for seven years and we do not have any children. My husband is the main breadwinner in our relationship and has invested a larger sum into our shared assets during our marriage. I, on the other hand, have earned less but have taken on the majority of the household chores and childcare responsibilities.
My concerns lie in being treated fairly and justly, and receiving my fair share of the shared assets. I am worried that my husband may try to claim more than his fair share or hide assets.
Therefore, I am asking you what the legal provisions for the division of shared assets in a divorce look like and what steps I can take to ensure that my interests are adequately represented. Are there ways to come to a fair agreement with my husband without having to go to court?
Thank you in advance for your support and advice.
Sincerely,
Ammelie Evers
Dear Mrs. Evers,
Thank you for your inquiry regarding the division of shared assets in the event of a divorce. It is understandable that you are concerned about finding a fair and just solution in this difficult situation.
In Germany, the law regulates the division of assets in a divorce through what is known as the "Zugewinnausgleich". The Zugewinnausgleich ensures that assets acquired during the marriage are fairly divided between the spouses. The initial assets of each spouse are compared to the final assets to determine the increase in wealth during the marriage.
In your case, where your husband was the main earner and has invested more in the shared assets, this could mean that he has made a higher gain. However, it is also taken into account that you have taken on the majority of the household work and childcare, which can also be considered as a contribution to the shared assets.
It is important that you gather all relevant information and documents regarding the shared assets to accurately calculate the increase in wealth. If your husband is hiding assets or making unfair demands, you can seek legal advice to protect your interests and potentially go to court.
There is also the option to reach an out-of-court agreement with your husband to find a fair solution that is acceptable to both parties. It is advisable to seek advice from an experienced lawyer to ensure that your rights are protected and you are not disadvantaged.
In any case, it is important that you actively advocate for your interests and claims and inform yourself in a timely manner to establish a good basis for negotiations. I am available for further questions or for personal consultation.
Best regards,
Johann König
