Learn the value of real estate is one of the most controversial elements of the gain compensation lawyers Alexander Dobiasch & Rupert Richter. Given its great practical importance, the law firm Danielleeee & judge family law specialists describe as the value of the property is determined. The dispute over the valuation of properties in the scheme of divorce consequences deals German courts and in the highest judicial bodies. In this context, the Federal Supreme Court in a decision dated November 17, 2011 formulated (BGH XII ZR 170/09) once more its principles. Starting from the relevant provision of, the real estate valuation in the equalisation in the responsibility of the competent court falls 287 ZPO. The judge dealing with the divorce effects control is optional, as he reaches that if his approach takes all circumstances into consideration a valuation of the property in question and to an understandable, realistic assessment. Usually, the court sets a knowledgeable reviewers, the real estate affected earnings and asset value methods for evaluating reach.
The Court undertakes this exactly run in his decision, what assessment methods were used and their result came as they. The relevant governing divorce consequences real estate value is not always the realizable value of sales. Low evaluated real estate during the sentencing and an improvement of the market situation at the same time is to be expected its value in the equalisation is applied, if necessary, than the current market value, if the sale of real estate is excluded. Prospect of such long-term rating is not taken by the Court, if the divorce parties sell real estate in question, to perform the equalisation. In this case, only count the actual retail value. Are done to evaluate condos, this based on the rent that can be achieved on the local housing market for a suitable rental property in General. The actual amount of the rent is not relevant for the assessment of a condo.
Are real estate placed in the equalisation, ignite quickly a dispute about its value. Those affected is urgently to advise on a professional, familienrechtlich experienced legal representation to express their interests and needs in court in light of the high value of the dispute. The family law expert of the law firm Danielleeee & judge in Bergen auf Rugen represent their clients in family law disputes for many years and are at the disposal for more information on the real estate valuation in the equalisation.