In, according to the statistical were Federal
Since the s, the number of Austrian divorces is increasing continuouslythe legally binding marriages of divorced again. percent lower than in the previous year, the total divorce rate is still at. It comes to a divorce, is a question often in the foreground: How to use the common property in the future. Often divorce proceedings move forward only when the spouses have agreed.
This date must be specified in the application for divorce
Not infrequently, the sale of real estate following a divorce. In Austria the Austrian road freight is different right since between the goods stands of the community of accrued gains, separation of property and community of goods. If no prenup is in place, the legal matrimonial property regime of separation of property. In the case of a divorce the assets of the conjugal Use, but the savings and the debts associated with the marital savings in connection, divided. To use assets of the Household and real estate count, regardless of whether you are in the The property of the couple or only one spouse. Rarely, a Partner may pay the other, when it comes to the half of a common property.
Often it comes to forced sales, which do not approximate the market value of the property is achieved.
With a prenuptial agreement, which can be counteracted, for example, if it is agreed that a Partner in the event of divorce retains the property and the other monthly Compensation. One of the spouses, however, already has a property in the marriage, then the in writing agreed separation of property ensures that the property remains in the separation case, the previous owner, and no compensation will be paid.
In Austria, the pairs must be according to the law, at least half a year separated before you can divorce.
The idea behind this is to give both spouses enough time to be able to make the decision, if appropriate, revise. The Separation begins in the moment, because at least one Partner expresses the separation request. The use of the residential property in the separation phase, ordered, is case dependent. In General, the legislator assumes that the home will be divided. An assignment, so a court decision on the division, to a spouse only in exceptional cases.
Even the fact that if a spouse is the sole owner of the property, it is not enough as the allocation base.
However, each spouse may demand that the other concede to him a part or the entire apartment. Namely, when it comes to avoid undue hardship This is the case, for example, if the applicant can demonstrate that for him the common life together or in search of replacement housing is not without significant consequences would be. The usual inconveniences, such as in the Separation phase are to be expected, not sufficient grounds for an assignment. One of the spouses than With or alone, owners should leave the residential property at this time, this circumstances on the property. He may demand from the spouse in the rule, even compensation for the Use thereof, based on the local rental conditions. For example, The spouses separate The (Sole)property of or in the joint ownership of both spouses under matrimonial home was left to a spouse by mutual agreement for other exclusive use or by order of the court assigned to a spouse. One spouse must leave the marital home, or leave, even though she belongs to him alone, or to co-ownership, the question immediately arises, whether and how he receives compensation, that the in the matrimonial home, the remaining spouse may now take advantage of alone the living.
Two ways to offer the extended spouse, to obtain compensation: Either through the imputation of a housing benefit in the calculation of spousal support or an isolated claim.
The soft position depends on whether the in the matrimonial home, the remaining spouse is entitled to spousal support or not. There is no maintenance, so a compensation may be realized only over an isolated use of compensation claim. Compensation for use or housing benefit can come only alternatively, but not simultaneously considered. The right technical solution for the living advantage has precedence over an isolated claim. After the divorce, the divorce clarifies the procedure the right of use of a common property. The decision about who remains in the property, play on the age and health of the spouse is as much of a role as individual's financial expenses in the past, special circumstances of the Livelihood, or the proximity to the workplace. But above all, the legislator tries to keep the Welfare of the children. In the case of joint rental property use the residential property is awarded almost always in the party in which the children live. One of the spouses is the sole owner of the property, must be taken into account, the inviolability of property. Only special circumstances justify the assignment to the spouse. In addition, a claim to financial compensation, the sole owner, at least. Usually this in the Form of a lease to local conditions is reached that requires the remaining Partner to make payments. The use of the property should have been taken into account in maintenance calculations, there is no entitlement. The ancillary costs and costs for lending rates, the use of the property for co-owners also complicated. Who has to pay for these costs, decide in the As a rule, the external relationship (to third parties) and the internal relationship (in addition to costs, such as electricity or water). So will contact the Bank to the borrower, while public costs (such as taxes) are payable by both owners. In the internal relationship, the costs are generally paid by the party who uses the property in fact. If both spouses want to remain an owner of real estate, must be made in each case, clear of financing and administrative arrangements. The duration of the common ownership is to be clarified. Because, usually, such a scheme only marks the Transition to the house sale, or to override the respective percentage of Ownership from one spouse to the other. It should always be an independent expert commissioned to determine the current market value, so that the result is not provided by one of the two parties in question. The compensation is then paid mostly or Proportion of ownership is taken into account. However, the lending Bank decides at this point. Because this is released the spouse from the joint and several liability, if the assets of the remaining spouses is sufficient, in the future alone for the liabilities to pay. There is disagreement on among the spouses, whether the property is to be sold after the divorce or not, can be moved by one of the spouses, in the complaint, a so-called division of auction at the district court requested. However, this can mean a high risk, because often the highest bid does not reach the value obtained in the case of a private sale of real estate.
Conclusion: In the case of joint ownership of a property for a rapid agreement between the spouses can be recommended only.
In particular, there is a clear financial as well as legal conclusion is for both sides is almost always the best choice. You should help in the sale of your property need, advises the house of gold.
