How can I fairly divide the common property?
June 6, 2022 | 30,00 EUR | answered by Johann König
Dear lawyer,
I am reaching out to you because I am in a difficult situation regarding my divorce and urgently need advice. My name is Andreas Werner and I have been married for 10 years. Unfortunately, our relationship has deteriorated significantly in the last few years and we have decided to get a divorce.
During our marriage, we have acquired shared property, including a house, cars, and other assets. Now the question arises of how we can fairly divide this property. I am concerned that there may be disputes and that I may end up being disadvantaged.
Currently, we still live together in our house, but I would like to find a fair solution as soon as possible to divide the shared property and make a clean break. I want to avoid this process becoming lengthy and costly, and I hope for your support and expertise in finding a solution that is acceptable to both sides.
Could you please explain to me what options there are for dividing the shared property and how we should proceed? Are there specific laws or regulations that we need to consider? And how can we ensure that the division is fair and balanced?
Thank you in advance for your help and support.
Sincerely,
Andreas Werner
Dear Mr. Werner,
Thank you for your message and for trusting in my expertise in divorce matters. I am sorry to hear that you are in a difficult situation, but I am here to help you during this turbulent time.
When it comes to dividing shared property during a divorce, it is important to first understand that this is usually governed by the so-called marital property regime. The aim of this regime is to compare the financial situations of the spouses at the time of marriage and at the time of divorce, and to balance the increase in wealth that each spouse has achieved during the marriage.
In your case, this means that all assets acquired during your marriage will be taken into account in the calculation. This includes not only the house and cars, but also other assets such as savings, investments, or art pieces. It is important for you to gather and document all relevant information about your assets in order to make an accurate division.
The exact procedure will depend on your individual situation, but typically a list of all assets acquired during the marriage will be created. The increase in wealth of each spouse will then be calculated by subtracting the value of the assets at the time of marriage from their current value. The spouse with the higher increase will then need to pay compensation to the other spouse to balance the financial situations.
However, there are other ways to divide shared property, such as through a voluntary agreement between you and your partner, or by selling assets and dividing the proceeds. It is important for you to find a solution together with your partner that is acceptable to both parties and avoids disputes.
To ensure a fair and balanced division, I strongly recommend seeking advice from an experienced attorney specializing in divorce law. An attorney can help you understand your rights, develop possible solutions, and represent your interests throughout the entire process.
I hope this information helps you and leads you towards a fair and smooth division of your shared property. If you have any further questions or need legal assistance, I am here to help.
Sincerely,
Johann König
