Ask a lawyer on the topic of Family law

Rights to housing

August 14, 2009 | 80,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

I have been married since 2002. In 2005, my husband received the house of his parents through a transfer agreement, however, with the clause that the house will go back to the parents in case of his death or if it is sold or encumbered without the consent of the transferors.

In the event of a divorce, would I have any rights to the house?

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your question considering the information you provided. Unfortunately, I do not see any possibility for you to claim any rights to the house in case of a divorce.

As far as I understand the situation, your husband is listed as the sole owner in the land register, which means he has all the rights to the house.

Furthermore, the consideration of the house in a potential marital property adjustment is not possible because your husband received the house as a gift from his parents.

Gifts during the marriage are generally not considered in a marital property adjustment.

It is also important to note that the fact that the gift was subject to a condition does not change this.

I hope this provides you with some legal guidance, even though I regret not being able to give you a more positive answer. I wish you the best of luck and all the best!

I would like to point out the following:

The legal advice I provided is based solely on the information you provided. My response is only a preliminary legal assessment of the situation and does not replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.

I hope my explanations have been helpful to you. Feel free to contact me via my email address or the follow-up option.

I wish you a pleasant Friday evening and a great weekend!

Sincerely,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316