Judicial Conveyance of Real Property in Divorce: A Comprehensive Overview

When it comes to divorce proceedings in Germany, one of the most significant aspects is the judicial conveyance of real property. This process involves dividing shared assets and values accumulated during the marriage, also known as matrimonial property equalization (Zugewinnausgleich). In this article, we will explore the key factors to consider when it comes to the judicial conveyance of real property in divorce.

Pre-Nuptial Agreements: A Precautionary Measure

One way to exclude the equalization of accrued gains during divorce is to stipulate this in a prenuptial agreement. This is particularly relevant for couples who want to maintain separate ownership of their assets throughout the marriage. However, it is essential to note that German courts generally consider marriages as a community of accrued gains, meaning that all assets and values accumulated during the marriage are divided equally upon divorce.

German Law: The Preferred Choice

When it comes to handling divorce proceedings in Germany, it is generally advisable to proceed under German law. This is because German courts are familiar with German law and can provide clear guidance on the distribution of assets and possessions. Additionally, if both spouses live in Germany, their divorce will be processed according to German law.

Residency Requirements: A Key Factor

For a couple to get divorced in Germany, at least one spouse must have resided in the country for at least six months prior to filing the petition. This residency requirement ensures that the court has jurisdiction over the case and can make binding decisions on the distribution of assets.

Eligibility Criteria: Who Can Apply?

Either spouse can apply for a divorce in Germany, regardless of their nationality. However, there are specific eligibility criteria that must be met:

* One spouse is stateless or a refugee with a usual residence in Germany.

* Both spouses have their usual residence in Germany.

* A spouse of foreign nationality has his/her usual residence in Germany.

The German partner can also apply for a divorce in Germany even if they live abroad, as long as the other spouse resides in Germany.

Distribution of Assets: A Complex Process

The distribution of household items, such as cars, kitchen appliances, and washing machines, is governed by different rules. This process is often complex and requires careful consideration to ensure that each party receives a fair share of the assets.

In conclusion, judicial conveyance of real property in divorce is a critical aspect of German law. Understanding the key factors, including prenuptial agreements, residency requirements, eligibility criteria, and distribution of assets, can help couples navigate this complex process more effectively. By proceeding under German law and seeking professional advice, couples can ensure that their divorce is handled efficiently and fairly.

Judicial conveyance of real property in divorce