How is the common property divided during the divorce?
May 11, 2022 | 35,00 EUR | answered by Erwin Evers
Dear Lawyer,
My name is Hanna Lehmann and I am currently in a divorce situation. My husband and I have accumulated shared assets during our marriage, and I am wondering how these assets will be divided during the divorce.
We jointly purchased a house that is in both of our names, as well as shared accounts and valuables. I am concerned about how fair and just the division of these assets will be. My husband earns more than I do and has also invested more in the purchase of the house than I have.
I am wondering if I am entitled to a specific percentage of the asset division, or if there are other factors that need to be taken into account. Are there specific laws or rules that govern the division of assets during a divorce?
I want to ensure that my interests and rights are protected and that the division of assets is fair and appropriate. Can you please explain to me how shared assets are divided during a divorce and what steps I can take to ensure that my financial interests are safeguarded?
Thank you in advance for your help and support.
Sincerely,
Hanna Lehmann
Dear Mrs. Lehmann,
Thank you for your inquiry regarding the division of shared assets during a divorce. It is understandable that you are concerned about the fair and just distribution of assets, especially if your husband has earned more and has also invested more in the shared house.
In Germany, the law regulates the division of assets during a divorce through what is called "Zugewinnausgleich" (equalization of accrued gains). The Zugewinnausgleich is a legal right that ensures both spouses are fairly involved in the increase of assets during the marriage. The assets acquired during the marriage are divided into the so-called accrued gains and the initial assets. The accrued gains represent the difference between the final assets and the initial assets of both spouses.
When calculating the accrued gains, all assets such as real estate, accounts, valuables, and debts are taken into account. It does not matter whose name the assets are under, as in a marriage there is generally an equalization of accrued gains, and both partners are involved in the increase of assets.
If your husband has invested more in the shared house, this can be taken into consideration when calculating the accrued gains. There is the possibility to make a claim for compensation if one spouse has invested more in acquiring assets than the other. This compensation claim aims to distribute the accrued gains fairly and ensure that both spouses are adequately involved in the increase of assets.
It is important to have all relevant information and documents, such as contracts, bank statements, real estate evaluations, etc., ready for the calculation of accrued gains. If you are unsure about how to proceed, I recommend seeking advice from an experienced family law attorney who can assist you in pursuing your financial interests.
I hope that this information has been helpful to you and I am available for any further questions.
Sincerely,
Erwin Evers
Divorce Attorney
