Growing old together—that's the life plan of all couples who buy a property. In reality, unfortunately, this dream does not always come true, and at some point, the decision is made to go their separate ways. This is a truly stressful situation for both parties.
- Emotional situations can be best resolved for both parties by bringing in an outsider who can act as a professional mediator.
- A professional appraisal of the property's value provides clarity as to how high the proceeds from a sale could be.
- If the property meets the requirements, it can be converted into two apartments.
- The property can be transferred to children (even if they are not yet of legal age).
When paths diverge
Building a life together, settling down, growing old together—that is the life plan of all couples who buy a property. In reality, unfortunately, this dream does not always come true, and at some point, the decision is made to go their separate ways. This is a truly stressful situation for both parties. It is not uncommon for minor issues to be the trigger that causes the newly separated couple to fall out completely – a war of attrition is inevitable. Making a sensible decision about what to do with the shared property is then no longer conceivable. But there are solutions that benefit both sides.
In good times and bad?
It is always better to part on good terms, especially when children are involved. Selling the property is not always the first choice, as there are other models that ex-partners can agree on. For example, the property could be divided, provided that finances and architecture allow this. Or, from a legal perspective, the house could be gifted to the children, thereby securing both their future and the real estate assets. For many couples going through a divorce, however, such agreements, which also require a great deal of willingness to compromise, are out of the question. In such cases, the only option is often to sell. To prevent this from becoming an additional source of conflict, it is better to avoid potentially contentious issues such as setting the sale price.
Your options
Selling real estate – often the best choice
The financial situation of the former couple is the decisive indicator of whether and how the property can be sold: it may be that the property has not yet been paid off in full, or that one of the divorced partners is unable to maintain the property on their own. We offer a professional valuation that takes into account factors such as location, condition, and price developments over recent years, as well as potential for value appreciation. By analyzing the hard facts, simmering conflicts over the sale price can easily be avoided. Another advantage of our position as outsiders is that we can mediate neutrally between both parties and respond to the personal wishes of the separated partners. This allows us to create sober clarity in what is often a very emotional situation.
Sharing property – when both parties are attached to the property
For couples who are neutral or even on good terms, converting the property into two apartments could be a good way to keep their beloved home. In many houses, for example, converting the basement into a granny flat is an option – of course, this involves additional costs for the divorced couple that should not be underestimated, and the financial situation is decisive in determining whether this option is even worth considering. If you want to go down this route with your ex-partner, it is advisable to seek advice from a real estate professional. As real estate agents, we have a large network of reliable architects, craftsmen, and financial experts in the region with whom we can get the most out of your property.
Transferring property – for the children
Couples with children have another option besides dividing the property to keep it in the family: the legally valid transfer of the house or apartment to their offspring. This is also possible if the child is not yet of legal age. In this case, a guardianship court intervenes to act in the best interests of the children. For the gift to be legally valid, both parents must also agree to the gift. Conditions can then be attached to the gift agreement, such as the parents' right to live in the property for life. Until the children reach the age of 18, the parent with whom the children live also has the right of disposal after the gift has been made.
