Division of property

01How I can help you

• mapping out the joint and separate property and the shared debts,
• preparing an agreement on the settlement of joint matrimonial property, including real estate,
• dealing with the mortgage and other loans that the spouses repay together,
• settling business shares, business assets and investments,
• claiming what you contributed to the joint property from your own separate property,
• representation in court proceedings on the settlement.

02How we proceed

1. Inventory of assets and debts – we will establish what belongs to the joint property and what is the separate property of one of the spouses.
2. Valuation – for real estate and more valuable items, we will arrange a realistic valuation.
3. Proposed settlement – I will propose a solution: who keeps what, who pays whom and how much, and how the loan will be dealt with.
4. Agreement or court – I will prepare the agreement so that it is enforceable and, where real estate is involved, arrange its registration in the Land Register (kataster). If an agreement is not possible, I will represent you in court.

Please mind the deadline: if the property is neither settled by agreement nor a petition filed with the court within three years of the end of joint matrimonial property, a settlement directly by operation of law applies – and that may not be to your advantage.

03Frequently asked questions

Is property always divided in half?

The starting point is equal shares. The court does, however, also take into account what each spouse contributed to the joint property from their separate property, the needs of minor children and how each spouse looked after the family and the joint property.

What happens to the mortgage if one of us keeps the flat?

An agreement between the spouses does not bind the bank. The loan itself therefore also needs to be dealt with – for example by refinancing it or by one spouse taking over the debt with the bank's consent.

Can property be dealt with before the divorce?

Yes. Spouses can adjust the scope of their joint matrimonial property during the marriage as well, for example by narrowing it in the form of a notarial deed.

By when must property be settled after a divorce?

If joint matrimonial property is not settled by agreement or by a petition to the court within three years of its ending, a statutory presumption applies: movable items that one spouse uses exclusively as an owner pass to that spouse, and the other movable items and real estate become co-owned by both in equal shares.

How much does a court division of property cost?

The claim costs €100. For the division itself, 3% of the value of the property is payable in the case of a judgment, or 1% in the case of a court settlement – at least €100 and at most €25,000. An agreement reached out of court is not subject to any court fee.