How to Handle Asset Division in a German Divorce?

Question from Ana, How to Handle Asset Division in a German Divorce?

Answer from AI:

In Germany, the division of assets during a divorce is governed by the principle of “Zugewinngemeinschaft” (community of accrued gains). This means that each spouse retains ownership of the property they brought into the marriage, but any gains made during the marriage are shared equally. Here’s how you can proceed in your situation:

Understanding Zugewinngemeinschaft

Under the Zugewinngemeinschaft regime, the following steps are typically involved:

1. **Determine Initial Assets**: Each spouse lists the assets they brought into the marriage.
2. **Calculate Gains**: Calculate the increase in value of these assets during the marriage.
3. **Equalize Gains**: The spouse with the higher gain compensates the other to ensure both share equally in the accrued gains.

Steps to Take in Your Situation

Given the specifics of your case, here are some steps you might consider:

1. **Document Contributions**: Gather documentation showing your contributions to the Renteversicherung and any other marital assets.
2. **Assess the Life Insurance Transfer**: Since your husband transferred half of his life insurance money to invest in a house, you need to determine how this affects the overall asset division. The house, even if in his name, may be considered part of the marital property if it was paid for during the marriage.
3. **Consult a Lawyer**: Given the complexity of asset division, especially with investments and insurance policies, consulting a family law attorney is crucial. They can provide personalized advice and help you navigate the legal process.

Legal Resources and Self-Help

Here are some resources that might help you understand the process better:

• German Civil Code (BGB): This is the primary source of family law in Germany.
• Zugewinnausgleich Information: Detailed information on the equalization of accrued gains.

When to Seek Legal Advice

It is essential to seek legal advice in the following situations:

• If there are significant assets or debts involved.
• If there are disputes about the value or ownership of certain assets.
• If you are unsure about your rights or the legal process.

A legal professional can provide tailored advice and represent your interests in court if necessary. Remember, while general information can guide you, only a lawyer can offer specific legal advice based on the details of your case.