What regulations apply to the equalization of gains in a divorce?
April 20, 2022 | 40,00 EUR | answered by Gerd Möller
Dear Sir or Madam,
I am contacting you with a question regarding family law, specifically regarding the equalization of accrued gains in a divorce. My name is Babette Köhler and I have been married to my husband for 15 years. Unfortunately, we have decided to get a divorce as we have grown apart in recent years.
During our marriage, we jointly acquired a house that is currently not fully paid off. Additionally, we have accumulated shared savings and assets. I am worried about how the equalization of accrued gains will be regulated in the event of a divorce and what rules will apply to us.
I would like to know which assets will be included in the equalization of accrued gains and how this will be calculated in detail. Furthermore, I am interested in whether there are options, for example, to fairly divide the shared house between us or if it must be sold. I fear that my husband may try to financially disadvantage me and therefore want to be well-informed in order to protect my rights.
Could you please explain in detail the regulations governing the equalization of accrued gains in a divorce and what options there are to achieve a fair and just distribution of assets? Thank you in advance for your support and advice.
Sincerely,
Babette Köhler
Dear Mrs. Köhler,
Thank you for your inquiry regarding the equalization of gains in the context of a divorce. It is understandable that you are concerned about your financial future in this situation and want to ensure that your rights are protected. I would be happy to explain to you in detail how the equalization of gains is regulated and what options there are to achieve a fair division of assets.
The equalization of gains is regulated in the Civil Code (BGB) and serves to fairly distribute the assets acquired by the spouses during the marriage. In principle, all assets acquired during the marriage are included in the equalization of gains. This includes, for example, real estate, savings, valuables, as well as pension entitlements and business interests.
To calculate the equalization of gains, the initial assets of both spouses at the beginning of the marriage and the final assets at the time of the divorce are determined. The initial assets are not included in the equalization, only the assets acquired during the marriage. The gain, which is the difference between the initial and final assets, is then divided equally between the spouses.
In the case of jointly owned property, there are various options for handling it. There is the option to sell the house and divide the proceeds equally. Alternatively, the spouses can agree that one of them will take over the house and buy out the other. It is important that these agreements are documented in writing to avoid disputes.
If your husband tries to financially disadvantage you, you have the right to seek legal advice and assert your claims. A competent family law attorney can assist you in enforcing your rights and finding a fair solution.
I hope that this information has been helpful to you and I am available for any further questions you may have. I wish you all the best for the upcoming divorce and am confident that with the right guidance, you can achieve a fair and equitable division of assets.
Sincerely,
Gerd Möller
