Community of accrued gains in construction

  • Erstellt am 2018-04-20 07:50:25

Sondelgeher12

2018-04-20 09:04:53
  • #1
I find it impossible, but I have also seen it more often in my circle of friends that the woman works part-time but has no share in the house...

In marriage, however, it is at least the case that the increase in the value of the property (which must first be appraised; it is not the repayments but the market price/value determined by the expert) has to be shared, and thus the man would have to pay the woman something...

But how do you make it fairer? If the man has much more money, it is also a risk for him to put her in the land register at 50% with 0% equity.....
 

Alex85

2018-04-20 09:07:18
  • #2
Marriage contract with a formula for how to calculate the [Abfindung]
 

Bieber0815

2018-04-20 10:18:45
  • #3
In the community of accrued gains, the accrued gains are divided in the event of separation. That simple. The accrued gain is the difference between the final assets of a partner at divorce and their initial assets at marriage. [...] The accrued gain is calculated separately for both spouses or life partners. Then the two accrued gains are compared and the difference is split equally. The partner with the smaller accrued gain receives half of the difference as compensation (in money or monetary value). (Wikipedia).

Who paid off what is pretty irrelevant.

It gets interesting when gifts are given to one party during the marriage (parents give the married daughter [not the spouses!] a piece of land...).

It also certainly becomes interesting when it comes to the child's welfare. As is well known, this is highly prioritized and is probably not entirely irrelevant for the question of who stays in the house. (I am not familiar with this...)

My opinion:
- Either you see your future together, then you go through it together.
- Or you separate, then you arrange matters contractually in good time.
 

ypg

2018-04-20 11:48:53
  • #4
Unfortunately, this thread is only read by open-minded people, but not by people who are convinced of their own opinion. They usually only read their own thread after all.
 

saar2and

2018-04-20 12:53:06
  • #5
About me:

I bought a house and renovated it.
I am the sole person listed in the land register and I pay the installments, renovation, etc. alone.

Additional costs such as electricity, water, heating, internet, etc. are shared with my girlfriend.

We have no children. She is a student, I am a trained worker.

Marriage is out of the question for us.
Children basically too, but you never know.

Now our plan looks like this:

Since she will soon become a civil servant and then earn more or the same as me, she will buy a condominium or house in 5 to 10 years, which will be renovated by us depending on our circumstances and then rented out.

If we separate, each has something of their own and no one has to pay anything to anyone. This reduces or completely avoids conflicts.

And I am also glad because I know this is mine; I don’t have to worry about my future no matter which partner I might have.

I experienced this with my parents’ separation, I have seen it with a colleague at work, and I am currently seeing it again in my circle of acquaintances. Sometimes it goes as far as the house being forcibly auctioned and both end up with debt after the separation, even though both have paid off a house for 15 years which then gets auctioned off. Of course, you can’t just pay your partner 200k.
 

Alex85

2018-04-20 13:09:22
  • #6
In the separation, it is important to quickly realize that the family house cannot be kept. The cases I know did not manage that, and so a lot of money is wasted. In the worst case, it goes to auction, and then the damage is of course great.
 

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