The division of property in the event of divorce
The division of property in the event of divorce:
A guide to a fair solution
Divorces are more than just emotional whirlwinds — they are also financial and legal challenges, especially when it comes to property division. Deciding together what to do with the family home can often be one of the most difficult issues to resolve.
Joint ownership vs. sole ownership
The first thing to clarify is whether the property is jointly owned or whether one of the partners is the sole owner. Properties acquired during the marriage are often considered community property. Here it is crucial to find a fair division that is fair to both parties.
Splitting options
There are several ways in which property can be dealt with in a divorce:
- Sale and division of proceeds:
This solution is often the easiest if neither partner wants to hold on to the property. But what if there are emotional ties or the desire to maintain stability for joint children? - Payout of a partner: One partner can pay out the other to become the sole owner. This requires a fair valuation of the property to determine the actual market value. Experts such as those from Oswald & Sorge Partner AG can provide a neutral and professional valuation.
Tax and legal considerations
The tax consequences of such a division should not be underestimated. In some cases, the profit from the sale of the property may be taxable. Professional tax advice can help to avoid unexpected costs. The legal aspects of property division should not be underestimated either. An experienced divorce lawyer can provide valuable services to ensure that the legal aspects are considered appropriately.
Summary
For couples going through this process, it is beneficial to know that support and counselling is available to find the best solution. It is essential to strive for an equitable solution that considers the interests of both parties. Seeking professional advice from valuation experts, tax advisors and divorce lawyers can be crucial. The first step is to obtain a neutral and independent valuation. On this basis, all parties involved clearly understand the situation, which enables a solution-orientated and fair decision-making process.
Our team will be happy to answer your detailed questions and provide professional support. Visit us at › Oswald & Sorge Partner AG or contact us using the contact form below for further information and advice.
