Divorce with separation year

The separation year is intended to give spouses one last chance for reconciliation and enough time to think about this life-changing decision.

Benefits and key legal facts

The law provides many guidelines that couples must adhere to. These include, for example, the separation year that couples must go through before a divorce can be final. This topic raises many questions, such as:

• How much does the divorce cost?
• How soon can you file for divorce?
• What all do you need for the divorce?
• How quickly can you get a divorce?

So that you are prepared for the divorce and the separation year, we answer all the important questions for you!

Legal requirements – cooling-off period with fixed rules

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even if the separation year is seen by many married couples as harassment or pure burden, the intention behind the regulation is clear. The decision should be able to be reviewed and possibly revised in the given time. In addition, the time is useful to take care of some things that are important for the further course of the divorce, such as the divorce settlement agreement.

Although there is an obligation to prove that the separation year has been completed, it is not possible to apply to the court for the beginning of the year or to have it notarised. It therefore makes sense to record the beginning in writing. A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example for such a decision can be extreme domestic violence, which the court classifies as undue hardship.

• The separation year should be considered as a reflection period for the couple
• Shortening of the year of separation shall be permitted only in special cases

Benefits – the advantages and disadvantages for married couples

The separation year should not only be used to review the right decision, but can also be used to arrange important things for the divorce. These things include, for example, the insurance or the divorce settlement. In particular, health insurance must be rewritten and amended, since spouses are usually insured together in a family insurance. However, joint rental agreements for real estate must also be amended and rewritten at an early stage. In addition, the joint bank accounts, if any, should be separated and joint financial obligations, such as credits and loans, should be dissolved.

Probably the most important, however, is the divorce settlement agreement. This can be determined by the spouses during the separation period in order to avoid costly negotiations before the family court. In this agreement, practical things such as the contact with the children, their maintenance and custody as well as the handling of property matters, the own maintenance and the fair division of the household goods are regulated. If the spouses are in agreement, this document will help with a quick and inexpensive divorce. The document must be notarised by a notary public and always be set down in writing in order to be valid in court.

• The separation year can be used to clarify important matters for the divorce
• A divorce settlement agreement can be drawn up by the couple to simplify the divorce process.

Reconciliation in the separation year – the legal framework conditions

The separation year primarily provides reflection time for both partners to think through the situation and the marriage from the bottom up and not make the decision to divorce thoughtlessly. Reconciliation during the separation year is therefore not uncommon, as the partners often find their way back to each other. However, such reconciliations are subject to legal frameworks to accurately determine the impact on the separation year.

Attempts at reconciliation – when is the separation year interrupted?

Attempts at reconciliation during the separation year are permitted by law, but are subject to certain guidelines. Attempts at reconciliation that are only short-lived and usually do not last longer than three months do not lead to an interruption of the separation year. The time during which the separation was interrupted therefore counts towards the 12 months of the separation year. For any attempts beyond three months, the family court will assume that the couple have reconnected. The couple also has the option of withdrawing the divorce petition themselves within this year. If the divorce is still to be carried out after this period, a new petition for divorce must be filed and the separation year starts all over again.

During the separation year, the partners should therefore think carefully about the reasons that led to the separation in the first place and whether a reconciliation is possible in their own interest or not. Both partners should therefore not rush the separation year and take things rather slowly. As nice as the idea of a reconciliation is, in some situations the relationship is simply too shattered for another attempt.

• Attempts at reconciliation of about three months do not interrupt the separation year
• In the separation year, attempts at reconciliation by partners should always be approached slowly

Questions & Answers

Especially in the case of contentious divorces, the legal situation is not always clear and there are many unanswered questions for the spouses. So that you know exactly about the regulations around the separation year, the most important questions.

Can you file for divorce before the separation year?

In principle, the divorce can only be filed after the separation year, because according to German law, the spouses must live at least one year apart before the divorce may be filed. Only in special exceptional cases, the divorce can be filed before.

Can the divorce be denied?

Divorce can be refused by the spouse in principle. However, this is not possible on a permanent basis, as a compulsory divorce can be decided by the court after three years at the latest.

Who pays the costs in a divorce?

The court determines the costs of the proceedings, including the lawyer’s fees. These are divided so that each party pays its own legal fees and half of the court costs.

How to shorten the separation year?

The separation year cannot generally be shortened. Shortening or omitting the separation year is generally only possible if there is evidence of hardship.

What all do you need for the divorce?

The following documents are always required for a divorce: Marriage certificate or family record book in the original or certified copy, the birth certificates of the minor children and possible marriage contracts and/or divorce settlement agreements.

How long does it take from divorce petition to divorce?

The length of the divorce usually depends on whether it is amicable or contested. Amicable divorces can take between one and six months, while contested divorces can take more than a year.

How much does a simple divorce cost?

The costs of a divorce are determined by the court and are based on the value of the proceedings. To calculate this value, the income and assets of the spouses are included.

Family, Hippie & Seniors: 6 Stories

Not only young families are looking for adventure, even at 75 there is still enough life energy to change one’s lifestyle. The escape from everyday stress, divorce, career-related or the desire for more time and experiences with the family. The reasons couldn’t be more different, but they all have one thing in common, the desire to change and improve. Follow these 6 cases of dropouts and be impressed by their individual stories.

Tiny House: Alone in the forest for 6 years

Marc (45) had made a stark cut in his life after a burnout and bullying. He moved to the forest, out of civilization. After 15 years as a golf instructor in the 1st league, he built his own cabin himself for less than 3,000 euros, including the electrical installation!

In doing so, he thought everything through, which is why he placed his bed over his homemade stove to extract the warmth. But despite his self-fulfillment, he had a few incidents that will send a shiver down your spine. Check out the video to hear about the witch’s laugh or the propped up fork on the edge of the bed!

• 15 years as a golf instructor in the 1. League
• Isolation in the forest with dog
• Cottage for under 3,000 euros
• Self-built oven + heating

Are you interested in small minimalist houses? Read more about the Tiny House here.

A family gets off: Around the World by Bus

Many people wish for it, but only very few dare to do it: throw everything away and then up and away. The Meinhard family from Lüneburg Heath really did it. They sold all their possessions, converted an old omnibus and went on a world tour with it. For an indefinite period. Father, mother and three children. Read more about travelling with children here.

Since one year the children do not attend school anymore, but are taught by father Axel. There they learn the basics of mathematics, writing and reading, just as the older one continues her education with the help of the internet. Instead they learn something much more valuable, the impressions and ways of life from all over the world and enjoy the time of their lives, while in Germany the winter rages. Accompanies the family on their journey south through Europe, Africa and South America.

• Whole family on a world tour
• Old converted omnibus
• Father takes over schooling + online continuing education
• Journey through Europe, Africa and South America

https://www.youtube.com/watch?v=RPTMWuH835w

Minimalist emigration in a roof tent on Tenerife

Mona has quit her apartment and job in Bavaria and wants to start again after her divorce. Alone she sets off in a roof tent to Tenerife. After months of research and visits to camping fairs, she decided to buy a roof tent, because it is cheaper than a camper and not as complicated as building your own Tiny House. Mona has everything she needs in a very small space. In the trunk she stows her kitchen items and personal care products. Mainly she eats out at restaurants and showers at the gym where she has a membership. Minimalism on four wheels guarantees the change Mona has been longing for.

• Quit job after divorce
• Life in the roof tent
• Kitchen utensils and care products in the trunk
• Restaurant food
• Showers in the gym

Jobs quit for a self-determined life

Vanlife in Portugal – Imke (30) and Dominik (27) quit their jobs and have been living in a van with their two dogs for 6 months. Their motives were mainly the desire for change, out of the everyday life.

They are at the perfect age and living situation because they don’t have children yet and were unhappy with their current jobs. In total, they have invested 30,000 euros in the car and travel from savings. While this change was quite a shock to the family, they didn’t completely give up everything. They continue to pay their rent in Germany to have something to return to with their two dogs.

• Couple, Jobs Quit
• In the van for 6 months
• 30,000 invested
• Continue to pay rent in Germany

From a Sprinter to a Gypsy Snail Shell

Pernilla is a musician in a band called “Safran Sun”. She has converted a Sprinter into a loving hippie mobile. Of course, being a musician, she is on the road a lot and her apartment was empty for days. As a result she didn’t feel like paying for something she doesn’t use. Her concerts mostly take place in Holland, which is why that is her main place of residence. Her plan was very spontaneous and partly thoughtless. Shortly after she got her driver’s license, she set off with her Sprinter, which is why she had to endure a very cold winter without heating during her concerts in November. Today the young musician is happy about little extras like her kitchen, heating and sockets.

• Singer has been traveling a lot
• Apartment was empty
• Spontaneous decision
• Kitchen, heating and sockets in the Sprinter

On the road in a motorhome at 75

At the age of 67, Gisela radically changed her life after several operations, changed her diet, sold her house and bought a mobile home. Since then she has been living on the road: Gisela on the road. Some friends and relatives just shake their heads. They can’t understand how anyone could live like that – especially at her age. But that hasn’t stopped her from fulfilling her tramp. Her autoimmune disease left her dependent on everyday help, to the point where it changed everything.

Today she lives and travels alone, enjoys the visit of her family once a year at Easter. She spends the cold winters in Morocco and the warmer summers in Europe. Of course, Germany, Spain and Italy are particularly good places to travel around in Europe, because these countries are also good for a short holiday.

One journey was particularly close to Gisela’s heart – the trip to Poland, to the old Prussian region of Angerburg. Her family fled from there to Germany after the Second World War. On her journey she visited her old family home and the church where she had been baptized.

• 67 years old
• World trip after many surgeries
• Travels in a motorhome
• Once a year she visits her family
• Winter in Morocco, summer in Europe

A new start with a camper, van or car

It’s never too late for a fresh start. The travel lifestyle with a camper, van or car with a roof tent is certainly not for everyone, but these examples show that people of all ages, professions and current life situations can make it. Especially Gisela serves as an inspiration for many. However, you have to ask yourself, when is the best time for something like this?

For her, it was just in time to change her life and attitude. The question is, do you have to wait until retirement first? What many families are criticized for, dropping out in the middle of life, leaving everything behind and throwing security overboard.

Perhaps this is exactly an important approach, to use the limited time, to create experiences, to discover the world, which has a greater value than slaving for days for luxury goods and wealth. In any case, the 6 examples provide convincing advantages to think about it again.

Road trip with the whole family. Roof tent from Campwerk.

Separation and divorce – the right procedure with divorce consequences

Tip. Read here a good guide for your separation: selling house and apartment in divorce. The question of how to fairly divide the household goods, the property or the custody of the children inevitably arises in a divorce. If the spouses agree, a divorce settlement agreement can help make the divorce as pleasant as possible for all parties. Find out all the important facts and the best tips on divorce settlement agreements now. The most important facts at a glance:

Divorce consequences

Divorce consequences are all things that arise from the fact of divorce or separation. These include, among other things, the division of household goods, custody of children, but also the further procedure with joint liabilities.

Subjects of regulation

In principle, the subjects of regulation are the same for both agreements. Agreements on the consequences of divorce additionally regulate post-marital maintenance and the equalisation of pensions, while separation agreements additionally consider separation maintenance.

Divorce agreements

Divorce agreements do not require any particular form. However, certain divorce consequences are considered by law to require form in order to ensure the protection of the spouses by a neutral person who advises both parties – the notary.

Generally, there are costs for the notary and the lawyer. The lawyer’s fees vary depending on the income and assets of the couple.

Divorce consequences – household effects, children and liabilities

Divorce consequences or also divorce consequences matters are all the things that arise from the fact of separation or divorce. These include the division of the household goods, the marital home or the real estate, the liabilities to banks, but also the care and support of the joint children after the separation, because all these things must be settled in a divorce. In the case of divorces by mutual consent, the spouses decide on the consequences of the divorce in the form of a divorce settlement or separation agreement. These can also be concluded verbally between the two parties, but it is advisable to record the details discussed in a contract in the interests of both parties and for completeness in court. If they cannot reach an agreement, one spouse can apply to the family court, which will settle the matter.

• Divorce consequences are all things that arise from the fact of divorce or separation
• This includes, among other things, the division of the household goods, the custody of the children, but also the further procedure with joint liabilities.

Separation agreement or divorce settlement agreement: difference

Both the separation agreement and the agreement on the consequences of divorce avoid the need for a family court to settle a matter relating to the consequences of divorce during the divorce. The separation agreement is concluded after the separation, when it is not yet clear that the divorce is actually to be executed or for the period of the separation year. In contrast to the agreement on the consequences of divorce, this agreement also regulates whether one of the spouses will receive separation maintenance. The divorce settlement agreement is concluded shortly before the divorce and is intended to contribute to a quick and simple divorce. It determines the post-marital maintenance for one of the spouses instead of the separation maintenance and the pension equalisation. The subjects of regulation are identical for both agreements, with the exception of maintenance.

• Separation agreements are concluded in the period between separation and divorce
• The subjects of regulation are the same in principle for both treaties
• Divorce settlement agreements also regulate post-marital maintenance and pension rights adjustment.
• Separation agreements additionally regulate separation maintenance

The right form – verbal, written or from a notary?

Although divorce consequences can also be agreed orally between the couple, this alternative always involves certain problems. If one of the spouses subsequently does not recognise such an oral agreement in court, it cannot be enforced. It is therefore always in the interests of both parties and for completeness in court to put the divorce settlement agreement in writing. The law also dictates that certain divorce settlement agreements require form. These include the following divorce consequences:

• The equalization of gains
• The pension rights adjustment
• The transfer of real estate property
• The postmarital maintenance
• Agreements on the right of inheritance and compulsory portions

If such divorce consequences are settled in advance, the associated divorce consequences agreement must be notarised. The aim of this formal requirement is that the weaker partner is not pushed into hasty or ill-considered decisions and can be advised in advance by a neutral person – the notary.

• Divorce agreements do not generally require a specific form
• However, certain consequences of divorce are considered by the law to require formality
• The aim is the protection of the spouses by a neutral person who advises – the notary public

Divorce by mutual consent or by litigation – the court decides

Even if the divorce is amicable, a notarised divorce settlement agreement is a good idea. This is because even if the divorce is not contentious, it is not impossible that one of the spouses may not agree with the verbal agreements afterwards.

In the case of contested divorces, the family court decides on the consequences of the divorce. In advance, things such as custody or maintenance can be requested, but there is no guarantee that this will be assigned. The costs are also always higher in contested divorces than in amicable divorces and the divorce process is usually very unpleasant and lengthy.

• Divorces by mutual consent can be easily and quickly completed with a notarized divorce settlement agreement.
• Contentious divorces are very long, costly and nerve-wracking

The costs – notary and lawyer fees

The costs for the notarisation of a separation and/or divorce agreement are calculated on the basis of the Court and Notary Costs Act. The fees include not only the notarisation of the agreement but also the discussion and consultation with the notary.
The fees of an advising lawyer, on the other hand, are calculated according to the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz). If it is about concrete objects, such as the transfer of a property, the value of this is decisive, for other objects there are so-called standard values according to which the lawyer’s fees are based. Depending on the lawyer, it is also possible to calculate the fee on an hourly basis or a flat fee. A good guide is the income or the assets of the couple, because this drives up the legal fees.

• There are costs for the notary and the lawyer
• Legal fees vary depending on the income and assets of the couple

The most important questions – everything on the subject of divorce settlement agreements

When it comes to divorce settlement agreements, many questions can arise. Has the correct form been followed? Have all the relevant points been clarified? And many more. So that no unanswered questions remain for you, our FIV real estate experts answer all the important questions on the subject of divorce settlement agreements.

What is a divorce settlement?

A divorce agreement is concluded between spouses who are willing to divorce in order to make arrangements for divorce consequences. The agreement is used to settle the divorce consequences between the spouses themselves before the family court takes over.

How much does a divorce settlement cost?

The cost of divorce settlement is regulated by law. However, they depend on the procedural value of the divorce, which means that they must be determined individually for each case.

How much does an amicable divorce cost?

Divorces by mutual consent are cheaper than divorces by litigation, because a lot of time is saved and most of the arrangements are made in advance between the spouses. However, the exact costs depend on the value of the proceedings and must therefore be determined individually.

How long can you live separately without divorce?

Married couples are not legally obliged to divorce after a separation. However, in order to be able to apply for a divorce, a separation year must be proven.

Can divorce costs be deducted from taxes?

The law states that costs of litigation may only be deducted for tax purposes if they are expenses without which the taxpayer would be in danger of losing his livelihood.

Buying and selling

Does real estate make sense as an investment? What do I do after the inheritance, sell or rent? And does a condo make sense as an investment? Your guide for the first real estate purchase or sale:

Buying and selling in detail

At some point, the time comes. If you don’t work in the real estate business yourself and find yourself in a situation that has to do with real estate, then sooner or later you will ask yourself: Wouldn’t it make more sense to hire an agent? On the one hand there is usually the cost argument and on the other hand everything should be done without complications, problems and stress. We have the right solution for you. We have conducted an interview with an expert in the field of real estate.

• When is the right time?
• Costs & Procedure
• Buying, selling and capital investment
• Commission, how is that calculated?
• Competencies and tasks of a good broker
• Development of the rent index
• Buying real estate: these three points are important
• …
• The interview about buying and selling real estate

Does real estate make sense as an investment?

Real estate as an investment? Many people at some point in their lives come to the point where they wonder if it might make sense to invest in a property. As a layman, it is sometimes quite difficult to find your way around the topics on real estate. We have conducted an interview with an expert for you to answer any unanswered questions. Our expert answers questions like:

• Does real estate make sense as an investment?
• Investing money in Frankfurt & the Rhine-Main area, is Brexit driving up property prices?
• 3 tips for investing in real estate
• New building in a good location?
• Read now in the article: Investment makes sense?

Renting or selling?

Many are looking forward to it the whole time they are at school. Everyone wants to take the big step and finally move out. But when the time comes, there are a lot of things you have to figure out to make everything work out the way you imagined. The most important thing you need in this situation is support. Support from parents, support from friends and also support from professionals. It’s especially handy when you don’t have to worry about almost anything yourself.

• Hire a real estate agent – This speaks for it
• Tasks of a real estate agent – from the valuation to the handover of the property
• The costs – brokerage fees, commission & buyer principle
• Sale – Different regulations in the federal states
• Letting – The buyer principle
• …
• Read more about renting or buying here?

Condominium as an investment: sensible?

Many people come in the course of your life on the idea to invest in a condominium. Especially as a layman there are always questions. We have conducted an interview for you with an expert in this field. Here you will learn everything about the topic of condominium as an investment, among others:

• Condominium as an investment
• Reviews for real estate portals
• Cities with the highest rents for apartments in Germany
• The planning of a broker
• Development of sales prices
• Tasks of a broker
• Costs around real estate
• Real estate as an investment: Investing for the long term
• …
• Here you will find all the facts: Condominium as an investment

Buy a condominium

As soon as you move into your first apartment, for most people it’s rent, rent, rent. Every month you go to work many hours to spend the largest part ultimately for the next rent due at the beginning of the month. It’s no wonder that many young people are considering buying a condominium as soon as possible.

We enlighten about:

• Benefits such as money in everyday life & protection in old age to freedom of choice
• Disadvantages such as administrative burden and the neighbors
• Private or broker?
• Costs for the purchase and financing of the condominium
• Type of apartment: the differences
• New building or old building?
• …
• Read now at Buying an apartment: Costs and procedure

Buy a house

The dream of owning your own home, living independently within your own four walls, being able to design everything yourself and furnish it according to your individual wishes. But with this wishful thinking it is far from being done, because there is much more to buying a house. There is a long way to the goal of being able to lean back, relax and enjoy life in your own garden. To make this as easy as possible, here are the best tips & tricks on what you should pay attention to when buying a house and what pitfalls you can avoid.

We’ve got all the essentials for your first home purchase:

• Requirements – the way to your dream property
• Financial planning – financing options and requirements
• Search – brokers, patience and ads
• Legal basics – purchase contract, land register entry & Co.
• Notarisation of a purchase contract – the notary helps with land register entry and more
• Transfer of ownership – from seller to buyer
• Building money & costs – what you have to pay when buying a property
• Building money – 6 tips for successful financing
• Follow-up loan – debt rescheduling and long-term planning
• Incidental costs – hidden costs when buying real estate
• Advantages & disadvantages – the purchase of real estate
• …
• The great guide to buying a house

Exclusive objects: Luxury brokers

If you are looking for an exclusive property, you don’t need a normal estate agent but a luxury estate agent with specific knowledge and a good network. Many of these properties will also never appear in the usual real estate portals.

Real estate is a relatively safe business, because “lived” is always, in all parts of this world. However, real estate does not necessarily have to be rented to other people, it can also be excellent as a parked investment. In metropolises such as Berlin, London, Dubai or New York, land is often bought without being built on, purely speculatively. The increase in the price per square meter is so extreme that the vacancy alone yields a large return, through pure capital expenditure.

Tip! Recommendation (external) – Lukinski: The Luxury Brokers

Taxes and tax saving

You as a home owner can save taxes with your property. First of all, there are many benefits that you get. Thereby you save taxes and not insignificantly. First of all, a “yes, but” – benefits are only available for property owners who do not use the property privately. If you use the property privately, all the benefits of buying a property will cease to apply. No major tax advantages for private use.

But there are a few tricks: like the land transfer tax. The rate of land transfer tax depends on the state. But it is due for everyone, when buying a property, for the land and for the construction on it.

Tip for new buildings: First buy the land, then place the building order later!

With this handy tip for new builds, you’ll only pay land transfer tax on your property.

• Read more here: Buy and save taxes

Sell house

Selling a house is a complex matter and involves many different steps. From the creation of an attractive advertisement to the valuation of the property and the subsequent legal steps, such as the purchase contract and the appointments with the notary. During all these steps, various points must be taken into account in order to emerge profitably from the real estate sale.

• Determining the value of real estate, this is how appraisers proceed
• Presentation, the right way to showcase your property
• Notary, legal person to supervise the purchase contract
• Purchase contract, the most important points must be regulated
• Common mistakes, avoid stumbling blocks
• …
• Everything about selling a house

Building: Prefabricated house, solid house or log house?

After the first few years of working life, many people think about whether it is time to start a family. Often, the creation of a family is associated with the plan to move to a larger apartment or even a house.

If the decision stands then once and you plan to build a house, then you face many questions that need to be answered. Especially in the field of real estate there are many different terms with which you can not start anything. To help you a step further, we explain in this article the different construction methods. The article is about:

• Advantages and disadvantages of prefabricated, solid and log houses
• Video about the production of the construction types
• Fast and cheap or stable and stable in value?
• …
• This and more in the article Prefabricated house, solid house or log house?

Massive house

Wooden house

Regions: Berlin, Hamburg, Cologne, Munich & Düsseldorf

Many people play with the idea of buying a property in one of the popular cities. These cities include Berlin, Hamburg, Cologne, Düsseldorf and Munich. But to find the right property is not so easy and as a layman it is often difficult to assess whether it is worth investing in an apartment or a house as an investment. We have conducted an interview with an expert for you.

• Read more about the regions: To buy property or not?

Mallorca: Real estate purchase and safe investment

Due to the current market situation, investing in your own property is considered particularly recommendable as a profitable way to invest capital. This also includes the acquisition of holiday homes in other European countries, such as Mallorca. After all, the sun-drenched Balearic island is still one of the most popular travel and emigration destinations for Germans.

• The great guide to buying property in Mallorca

Investment Q&A: Nursing home property and tax advantages

Many topics around real estate are complex. In particular, topics such as capital investment are often not understandable for laypeople. It is all the more pleasant when someone who knows the subject well explains it in simple terms. FIV has conducted an interview with an expert for you. In this interview you will learn everything about capital investment. The interview is about:

• Investment real estate, this is what you should consider!
• Should we take risks?
• Development of house prices in Germany
• Number of newly constructed residential buildings in Germany by federal state
• How have local rents developed in your region in recent years?
• Is the capital investment worthwhile?
• Different property types and investment opportunities
• Investments in retirement or nursing homes
• Investing for the long term
• …
• Questions and answers on capital investment: care property to tax advantages

Inheritance and divorce

Suddenly, you own a house. The reasons are so different, from the death of beloved parents to divorce, depending on the marriage contract.

Inherited a house: What to do? Own use or sale?

In our editorial office this week we had the case that a reader inherited a house and actually did not know what to do with her inheritance. Therefore, we have researched and today we meet with the real estate expert Jan Rickel from Bingen. He explained to us in conversation what options there are for real estate heirs if they do not want to live in the house themselves.

We want to talk about the topic of “selling a house”, but also about the future of living in general. What can housing look like in ten or even 20 years? Our real estate expert gives us answers to these questions today! In the interview we talk about

• Opportunities for real estate heirs
• Have you made a will?
• Tax aspects
• Indebtedness & all about multi-family housing
• Find & use help
• Statistics: inheritance and real estate
• …
• Read more about Inherited a house: what to do?

Inheritance tax: tax-free amount and market value

Inheritance tax for real estate in Germany – The amount of the tax-free allowance depends on the degree of relationship to the testator. Relevant here is the tax bracket to which the heir belongs and the tax rate applicable to this tax bracket. Since 2009, it has been common practice for inherited real estate to have the inheritance tax determined according to the market value.

• Who belongs to which tax bracket?
• How high does it go?
• When is it due?
• How can the market value be determined?
• Procedures by which the fair value is determined:
• Settlement proceedings
• Capitalised earnings method
• Real value method
• How can I find out the contract value?
• …
• All about inheritance tax: tax-free amount and market value

Inheritance Q&A – Will, tax, compulsory share and spouse

To inherit correctly and advantageously but especially to bequeath can be difficult. There are many things that must be considered, many formalities that must be observed to secure the inheritance. A will is always the simplest solution to ensure that one’s own interests are still protected after death and that no disputes about the inheritance arise in the family.

• Bequeath correctly during your lifetime
• The will settles everything
• Heirs without a will when intestate succession applies
• The heirs of the first, second and third order
• Spouses and Adopted Children
• Inherit debts, should I disclaim the inheritance or not?
• Allowance for inheritance
• Financial relief for heirs
• Gifts, inheritance tax and allowances
• Disinherited legacy
• …
• You can find everything else now in the Q&A Inheritance

Divorce Q&A – consequences, pension and expiry

A divorce consists of many important steps. From the separation year to the divorce petition and the pension equalization to the eventual divorce date. In all these steps, there are important things to consider, such as the right legal counsel, the correct form of applications and forms, in order to facilitate a smooth and quick divorce.

• Procedure, costs and the separation year
• Divorce Procedure
• Divorce with separation year
• Divorce settlement
• Custody, alimony and amicable divorce
• Pension rights adjustment
• Pension entitlement
• Real estate and assets in divorce
• …
• The big guide: Divorce

Tips for the visit

No matter whether it’s a house or an apartment for rent: The first viewing appointment puts many under pressure. The first shared flat, the first apartment and at some point maybe even your own house. On real estate portals we can quickly and easily find thousands of apartments in Berlin Mitte, Hamburg, Munich, Cologne or even Düsseldorf. With apps or on the notebook – but then it comes, the viewing appointment!

40, 50 applicants in 15 minutes for a single apartment are not uncommon. How can you still convince the landlord of you! We met with the brokers and experts from IHV and got 7 ultimate tips for your viewing appointment. This will increase your chances of finding the apartment of your dreams!

• Tell me about yourself. Who are you?
• You have to look serious
• Always adhere to rules of courtesy
• Tip. Bag full of documents > Businessman
• And much more

If you want to read through everything in detail, then you can find the article here: 11 tips apartment inspection.realtor tips

Finding the right estate agent for buying, selling and renting is not that easy. Therefore, we have good recommendations of reputable real estate agents for you.

Broker recommendations

Find a real estate agent!? We have everything important for the sale of house and apartment: advantages, disadvantages and 5 practical tips to find the perfect broker.

Find a broker

Finding a realtor is often more difficult than expected, as the market is crowded and there are many different listings. However, not every agent suits every property, which is why property owners should inform themselves exactly about the agents to find the right one for their property. There are many tips and tricks and some things to consider.

• 5 tips for the broker search
• The search begins on the Internet
• Learning from the experience of others
• The early bird catches the worm
• The price must be right
• With or without a broker? The advantages and disadvantages
• …
• Learn now: Find a broker

Germany

Berlin, Cologne, Hamburg, Munich & Co. we have the best of the best for you!

• Top brokers Germany
• Real estate agent Berlin
• Real estate agent Cologne
• Real estate agent Düsseldorf
• Real estate agent Munich
• Real estate agent Hamburg
• Real estate agent Frankfurt
• Real estate agent Wiesbaden
• Real estate agent Mainz

USA, UK & UAE

• Real estate agent Los Angeles
• Broker New York
• Estate agents London
• Real estate agent Dubai

More plant tips

Here we have many more interesting investment alternatives! Real estate, gold and other precious metals, sports cars, art, life insurance, stocks, funds… everything you need to know if you want to invest your money profitably. With risk assessment, advantages and disadvantages of each type of investment. Now for free in the FIV Magazine!

Invest money and earn passively XXL: Capital investment

Helpful Links: Buy & Sell Real Estate

Finally, here are some helpful links for your real estate search:

• Real estate portal – Immowelt for the search
• Real estate portal – Immoscout24 for the search
• Luxury real estate agent – Real estate purchase and capital investments
• Real Estate Sales – IHV Real Estate Agents Germany

Procedure, costs and the separation year – all the facts about divorce

Divorce is the last resort for many. Nevertheless, there are many facts to know in order to make a divorce as uncomplicated and pleasant as possible for all involved. We, the experts at IHV, therefore clarify all the important questions so that you can approach the subject of divorce with the necessary expertise.

The divorce process – step by step to divorce

The family court generally decides whether a divorce is amicable or contested. If a divorce is amicable between the two spouses, the divorce proceedings are very simple. If the separation year is completed, only the divorce and the pension equalization, which is usually carried out ex officio, must be decided. In such a case, one lawyer is sufficient for both spouses, which saves enormous divorce costs. Often even an online divorce for the spouses offers itself, whereby the time expenditure is enormously minimized and the costs are kept low. An amicable divorce can be greatly favoured by a divorce settlement agreement, which is already drawn up by the spouses during the separation year.

If there is a contested divorce, both spouses are required to be represented by their own attorneys. This increases the divorce costs for both parties enormously. The proceedings in contested divorces usually take longer than in amicable divorces and involve higher costs.

Learn more about the divorce process!

If the divorce date is set by family law, the spouses must appear in court with their legal representatives in the case of contested divorces or with joint counsel in the case of amicable divorces.

The divorce hearing begins with the so-called call to the matter, where the parties and the lawyers are asked into the courtroom and the public is excluded from the proceedings. First, the personal details are checked and a look is taken at the marriage certificate. The court then clarifies the expiry of the separation year and asks whether both spouses consider the civil partnership and conjugal life to have broken down. If either party is not convinced that the marriage has ended, the court will ask why and consider the merits of the case. However, if no successful attempts at reconciliation or inconsistent behaviour by the petitioner can be shown, the divorce may become final. Finally, the equalization of pensions and the subsequent matters in contested divorces are discussed. Once all relevant points have been clarified, the divorce decree or divorce order is issued. For this purpose, the public is re-established and the court announces the decision on both the divorce and possible consequential matters. With this step, the divorce is legally binding.

• The family court decides whether it is an amicable or contested divorce
• This fact affects the process and cost of divorce

Divorce with separation year – the most important facts

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even though the separation year is seen by many married couples as harassment or a pure burden, the intention behind the regulation is clear, to review and possibly revise the decision in the given time. In addition, the time is useful to take care of some matters that are important for the divorce process going forward. Although there is a requirement to prove that the separation year has been completed, it is not possible to apply to the court for the start of the year or have it notarised. It therefore makes sense to record the beginning in writing.

A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example of such a decision can be extreme domestic violence, which the court classifies as undue hardship.

Attempts at reconciliation during the separation year are certainly permitted. However, these are subject to certain guidelines. Attempts at reconciliation that do not last longer than three months do not lead to an interruption of the separation year. The time during which the separation was interrupted therefore counts towards the 12 months of the separation year. For any attempts beyond three months, the family court will assume that the couple have reconnected. The couple also has the option of withdrawing the divorce petition themselves within this year. If the divorce is still to be carried out after this period, a new petition for divorce must be filed and the separation year starts all over again.

• To get a divorce, a couple must go through a separation year
• The separation year is subject to certain rules laid down in the law

The divorce settlement agreement – custody, maintenance and amicable divorce

In a divorce settlement agreement, all things concerning the marriage and the divorce can be regulated. In general, this agreement regulates how joint assets, joint children or similar things will be dealt with after the divorce. It is attempted to clarify all points that are normally settled during the divorce in advance, in order to make the divorce as simple as possible. To a divorce succession agreement belong in detail things like the maintenance. Here, both the separation maintenance for the period from the separation to the divorce and the post-marital spousal maintenance for the period after the divorce can be regulated.

The divorce settlement agreement also regulates the custody of joint children, their maintenance and, if necessary, the right of access for the non-caring parent. In addition, the divorce settlement agreement will specify how joint assets, such as the joint home or household effects, are to be dealt with. Other possible points of a divorce settlement agreement are the agreements on the equalisation of gains, exclusion of the legal matrimonial property regime of the community of gains and agreement on the separation of property, the waiver of the right to inheritance and the right to a compulsory portion and the continuation of the joint family name.

• The divorce settlement agreement helps to clarify a divorce by mutual consent in a quick and uncomplicated way.
• In the agreement, various issues can be settled between the spouses before the court date

The pension rights adjustment – procedure after the divorce

The pension entitlements are different for most married couples. This fact is due to the fact that one of the spouses has not worked for a certain period of time due to raising children, has been unemployed or has been employed in the public sector. To compensate for this difference, there is pension equalization, which is intended to ensure that both spouses have good retirement security. However, only the pension that was earned during the marriage period is taken into account. The pension earned is divided up in the divorce in such a way that both spouses leave the marriage with the same amount.

Since only the pension entitlements that were acquired during the marriage are included in the pension rights adjustment, the marriage period is decisive for the amount of the adjustment. The marriage period runs from the beginning of the month in which the marriage was entered into until the end of the month preceding the service of the divorce petition. If the period of marriage is less than three years, no pension equalisation has to be carried out on divorce unless one of the spouses insists on it.

Pension entitlements acquired during the separation period are also included in the pension rights adjustment. However, if the separation period is unusually long, it may be justified under certain circumstances to calculate the pension equalisation only for the period from the marriage until the separation. No pension equalization can be approved by the court only in divorces involving special misconduct. This case is when one spouse has massively threatened or injured the other.

• The pension rights adjustment regulates the pension entitlements of the spouses.
• The period of marriage is decisive for the amount of pension equalisation

Pension entitlement – splitting the pension after divorce

At first glance, the pension equalization is fair for both parties, but in practice it shows only problems with which the spouses have to struggle. It becomes particularly problematic for married couples who only divorce at an advanced age. Where both partners together were well provided for in old age, they often find themselves with only two poor households after the divorce. If a divorce is finalized at a young age, both parties still have the opportunity to supplement their pensions as they continue to work, while older couples often face financial ruin. So instead of a schematic division, it can often be more beneficial for older couples if one party keeps the pension rights and exchanges them for other assets, such as a property. So the legislation here is not entirely optimal, as it does not offer everyone the same opportunities and can be particularly difficult for older couples by necessity.

• The pension entitlement can also be regulated separately from the pension rights adjustment.
• In certain cases, the pension rights are divided more fairly than in the case of pension rights adjustment.

Real estate in divorce – how to deal with joint assets

If two people enter into a marriage without a prenuptial agreement, they live in a community of accrued gains according to the law. A gain is defined as the amount by which the final assets of one spouse exceed the initial assets. So, during the marriage, the two assets remain separate and upon divorce, there is an equalization of the gain of the assets. Each spouse should therefore come out of the marriage with the same amount of accrued gains.

If only one of the spouses is registered in the land register as the owner of the property, the property belongs to this spouse alone even after the divorce. During the separation period, a court may also assign the property to the non-owner for use, but only if this spouse cannot find an affordable apartment for himself or herself and the joint children. However, this does not change the ownership of the property. However, a property also has financial consequences in the equalisation of gains.

A property that was bought, built or extended or modernised during the marriage represents an increase in value and is therefore relevant for the equalisation of gains. An inherited property or one that was already part of the property before the marriage only counts for the equalisation of gains if it was modernised or extended during the marriage. However, during the divorce, the property owner is not allowed to just do whatever they want with the property. If the divorce or the severed train profit equalization has not yet ended, the latter needs the ex-partner’s consent for the sale, for example.

If the property belongs to the spouses equally or also proportionately, it becomes difficult during the divorce, because the question of how to proceed with the joint property after the divorce is not always easy to answer. Who gets to live in the property, will it be sold or will it continue to be financed? This problem stems from the fact that the divorce does not also end co-ownership at the same time. Divorced spouses are therefore still jointly responsible for the property after the divorce.

• How to deal with real estate after divorce depends on the land register entry
• Depending on the entry, different procedures are applied to the assets

Alimony after divorce – the most important rules

Maintenance is only paid to those who are in need. This means not being able to support themselves from their own income and assets. However, the spouse in need must actively try to find a suitable gainful employment in order to claim maintenance. It is considered reasonable if it is commensurate with education, age, ability, and health conditions. If the spouse receiving maintenance moves in with a new partner, the claim to maintenance may lapse in accordance with § 1579 no. 2 BGB.

Maintenance is only paid by the person who is able to pay. This means being able to pay alimony without jeopardizing his or her own reasonable livelihood. The spouse paying alimony must therefore always have a deductible remaining. According to the Düsseldorfer Tabelle, the monthly personal requirement without personal requirement amounts to 1,200 euros.

The amount of post-marital maintenance is always determined equally by both spouses. First, the income relevant for maintenance is calculated. From the gross income, taxes, social security contributions, reasonable professional applications of a flat rate of 5% and actual expenses for retirement provisions of up to 23% of the gross income are deducted. If the spouse pays child support, this must also be deducted. Of this value, a lump sum of three sevenths, i.e. just under 43%, is deducted as post-marital maintenance if the other is not gainfully employed. However, the person obligated to pay maintenance must be allowed to keep a minimum amount of 1200 euros as a deductible.

More on the topic of divorce alimony!

• There are many different forms of alimony in divorce
• The amount is calculated on the basis of various factors

The change of name after divorce – the options for spouses and joint children

In order for a surname change to take place after a divorce, the marriage must have been legally divorced. A final divorce is when there is no longer any right of appeal against the divorce decree. To ensure this, either both spouses must waive appeals at the divorce hearing or neither spouse must appeal the divorce decree through an attorney within one month. On the divorce decree, an affixed notation of res judicata is used by the court to document that the divorce is final. In order to obtain this, the divorce decree served after the divorce must be sent to the court again with the request for the note of res judicata. Only then is the document to be considered a legally valid divorce and usable for the name change.

The change of name can be carried out after the divorce at the respective competent registry office, as the family register is kept here. Some documents are required for this. On the one hand, the divorce decree with the final decree, an identity card or passport and, if necessary, a certified copy of the marriage register if the person concerned has moved after the marriage. If all these documents are available, the name change can be carried out directly on site. The registry office charges an amount of approx. 25 euros for the certification and authentication fee. In addition, there are costs for issuing or changing important documents, such as the identity card, passport, credit cards or driving licence.

• The change of name is possible for the spouses after the arbitration without any problems
• The change of the surname can be made at the registry office