Divorces involving the sale of the matrimonial home

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Arbeitsrecht-Anwalt-Rechtsanwalt-Kanzlei-MTR Legal Rechtsanwälte

A number of issues need to be clarified when it comes to divorce. A lawyer who specializes in private client work can point out the many pitfalls that might otherwise go unnoticed.

One common pitfall is the property (previously) inhabited by the married couple. The prospect of divorce raises the question of how the matrimonial home will be used going forward, whether it will be sold, or whether one of the spouses will continue living there post-divorce. Fortunately, the team at MTR Legal Rechtsanwälte also counsels private clients on family law matters.

Nuremberg’s higher regional court – the Oberlandesgericht (OLG) Nürnberg – recently ruled on a noteworthy case concerning the continued use of the matrimonial home. The husband had initially left the property to his wife before later selling it to his mother. Cases like this highlight the importance of obtaining advice from an experienced family lawyer, especially since the case at issue ultimately went to court, with the OLG Nürnberg having to decide in response to the petition for a divorce whether the wife needed to vacate the single-family home that the couple had been occupying together with their child.

The husband was the sole owner of the house. The couple had agreed in a prenup that the husband could dispose of his assets on his own. And yet, after the separation, the husband moved out, leaving the property to his wife and child and demanding no rent in return.

Unfortunately, what followed was not a harmonious divorce. The indebted husband subsequently sold the house to his mother in order to prevent foreclosure, with the latter eventually demanding that the wife move out. She refused, which led to the court having to adjudicate on the matter. In a ruling from August 10, 2023, the OLG Nürnberg determined that the wife was required to move out (case ref.: 7 UF 312/23). It found that the provisions of German family law that address the transfer of the matrimonial home only apply between spouses or civil partners and do not extend to third parties.

This case goes to show how important it is to consult a family lawyer if a divorce is contentious.

MTR Legal Rechtsanwälte advises on all aspects of family law, including divorce.

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