Real estate purchase in community of accrued gains

For me, there are only two possibilities. 1. Property is not bought. Then the emotional woman just has bad luck. 2. Notarial marriage contract. Who says that? See 1375 Building Code.

so "Modified marriage contract" so that a community of accrued gains still exists for the tax office (especially if both earn differently, it makes sense = pay less tax!) but, for example, assets are confirmed accordingly by a notary.

Just as P-Kosmalla calculated, I see it the same way. Nice post. There is simply no negative gain here.

M always make sure in future gains that they are in an account/depot that is in his name. Only then can he get out of the disadvantageous negative gain for him.

It does not matter on which account a gain lies; with the divorce, it automatically belongs to both. It only makes a difference in availability, as one might first have to sue for their half. Conversely, the funds in the house are strongly tied up. The house must first be sold before everyone gets their money back. Or pay out the other and keep the house. That also takes forever to agree on the value of the house.

Just as P-Kosmalla has calculated, I see it too. Nice post. There is simply no negative net gain here.

Thank you for all the hints and the lively participation

Don't understand the thread right now.

M brings 600 into the marriage = initial assets
F brings 200 into the marriage = initial assets

Together, IN DER EHE a property is acquired, which has a value of 800 - each has a share of 1/2 in it.
M and F separate = first date for the equalization of accrued gains. M and F receive the divorce petition = second date for the equalization of accrued gains

Property still has a value of 800. Let's assume it is sold and thus the money is available in cash. Therefore

Final assets M = 400 (1/2 of 800)
Final assets F = 400 (1/2 of 800)

Thus, M has not achieved any accrued gains.
Thus, F has achieved accrued gains of 200. She must give half of that away.

So F gives 100 to M, who then has 500. F keeps 300.

The OP calculated completely correctly.

Es ist unerheblich, auf welchem Konto ein Zugewinn liegt, er gehört mit der Scheidung automatisch beiden.

That is complete nonsense! Each partner must provide a statement of their personal assets/liabilities as of the date of separation and as of the date of service of the divorce petition. Every account is taken into account, joint accounts are calculated as shared.
You've probably never been divorced, otherwise you would know that

By the way, the above is not layman’s legal understanding, but lived legal practice in a personal legal dispute for years

Thanks anyway for all the hints and the lively participation

hmm, what is explained differently there???

it says there that "negative assets" at the start, i.e. before the marriage, are not taken into account, thus causing a disadvantage for the other partner.

Example
M has 100,000 in debts
F has 10,000 in assets

then marriage, during the marriage the debts are paid off, and in the end there is an asset of 100,000 EUR
the starting assets are deducted from that = 45,000 EUR gain per partner.
In the end M has 45,000 EUR, F has 55,000 EUR
thus F here drew the "short straw." Because during the marriage a total of 200,000 assets were built up together, of which 100,000 went to paying off debts.
and actually the distribution should have been like this:
200k assets = M gets 100k = debt-free, ending with 0.00
F gets 100k = 110k final assets!

SORRY, my calculation here is wrong.... that was the case until 2009! because negative assets i.e. debts were not taken into account then!
Since 01.09.2009 it is different!

That means in this case it would be that F keeps 110 at the end, and M ends up at 0.00! Because actually during the marriage the 200k was earned, and thus also divided (50/50) and since M’s debts were paid off, that happens this way.

so if before the marriage you have 800k in assets, and after the marriage in case of divorce you also have 800k, where has the wife made a 200k gain???

so in case of a divorce, ALL assets are added together!
That means real estate, all accounts, including pension accounts, private retirement provisions, etc.

from this, the "PREMARITAL" assets are deducted, and what remains is split 50/50.

that means there are often transfers from pension accounts, etc., for example, if no assets have been built up in 10 years of marriage, but the husband has always worked and diligently contributed to his own retirement provision.
since the wife has a claim to 50% (because assets have only been built up here), the pension insurance must transfer the corresponding shares to her pension account (and deduct them from the husband’s).

often it is the case that one has "nothing" to "little" assets when the marriage starts, so you get along very well without further contracts...

however, if one party brings a higher amount into the marriage and the other nothing, then it is always good if you 1) have good proof of this, or better yet 2) make a modified marriage contract at the notary where all such figures are confirmed. That way you are always on the safe side.

PS. therefore, it is also advisable to make a contract if one partner brings "negative assets" into the marriage!