What options do I have if my partner wants to keep the shared property?
April 4, 2022 | 50,00 EUR | answered by Gerd Möller
Dear family law attorney,
I am Alice Gerdes and I have a question regarding my current life situation. My partner and I have jointly purchased a house which we have lived in during our relationship. Unfortunately, our relationship has now deteriorated and we are faced with the decision of what to do with the shared property.
My partner would like to keep the house and continue living in it alone. However, I am unsure as I also have a stake in the house and do not want to simply waive my rights. I am worried about how I can ensure my financial security if my partner keeps the house and I have to move out.
Therefore, my question is: What options do I have in this situation if my partner wants to keep the shared property? Are there legal steps I can take to secure my share of the house or receive appropriate financial compensation? Are there alternatives, such as the possibility of selling the house together and dividing the proceeds fairly?
I would greatly appreciate it if you could assist me in this difficult situation and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Alice Gerdes
Dear Ms. Gerdes,
Thank you for your inquiry regarding your current life situation and joint ownership of a house with your partner. It is understandable that you are concerned and looking for ways to ensure your financial security.
In a situation where a couple is separating and there is joint property involved, there are various legal steps you can take to secure your share of the house or receive appropriate financial compensation.
First and foremost, it is important to check if you and your partner have a written agreement regarding the ownership of the house. If so, you should review this agreement carefully to determine what provisions were made in case of a separation.
If there is no written agreement, the default law of marital property applies. This means that you and your partner are generally each entitled to half of the house, unless other arrangements have been made. In this case, you would be entitled to half of the fair market value of the house.
If your partner wants to keep the house and you do not want to simply give up your share, you can negotiate with them and reach an agreement on the division of the house value. It is advisable to seek the assistance of a family law attorney to best represent your interests.
Another option would be to sell the house together and divide the proceeds fairly. This could be a fair solution to avoid potential disputes and facilitate a quick division of assets.
In any case, it is advisable to seek legal advice early on to clarify your rights and options. An experienced family law attorney can provide comprehensive advice and help you find a satisfactory solution.
I hope this information helps you and gives you an initial overview of possible solutions in your situation. If you have any further questions or would like individual consultation, I am at your disposal.
Best regards,
Gerd Möller
Family Law Attorney
