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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10808
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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My sister lives in Munich and has done for the last 15 years.

Customer Question

My sister lives in Munich and has done for the last 15 years. She now wants to divorce her husband of 10 years. There is no 'other' person involved on either side. She earns a good salary, but not enough to support both if they live apart, he is an alcoholic and in and out of work. They own a house. Questions are:
1. During the year of separation can they live in the same house - different bedrooms but all other facilities shared.
2. After divorce would she have to pay spousal support, if so is there a calculation to work out how much
3.Would the value of the house be split after divorce irrespective of how much each had paid towards the house - In terms of deposit and then mortgage.

I realise these may not be simple answers!
Thanks,
James
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customr,


Thank you so much for using Just Answer, my name isXXXXX am a divorce lawyer and I am very happy to assist you.

As your sister lives in Germany German Law is applicable.


If she wants to separate from her husband they can both in the same house.

This means two different households under one roof , the spouses are not
supposed to do household chores for one another , no washing no cooking and they are to use separate rooms, like separate bedrooms and they are not to use the bathroom and the kitchen together at the same time.


As this is quite difficult to handle I would not recommend it when one spouse does not want the divorce , because the other spouse has to prove the date of separation and if one spouse does not want to be divored he will always make trouble.


If both want to be separated speparation under the same roof is just fine.




As to spousal support:


There are 2 different kinds:


One kind is until divorce and one is after divorce.


As the man is an alcoholic but may well be able to support himself this is going to be very difficult todecide whether he is out of work becuae alcoholism is an illness which he cannot help or if it is his own fault.



Everybody has the obligation to support himself and the problem is can he do that.


Until afterone year of the separation things have to stay the same.

So if he has not worked during the marriage or if he has only worked on and off he does not need to work properly after one year of the separation.


So it depends on many factors whether she has to pay and also depends on a medical experise abouthis state of help and the jurisdiction of Munich Family court




As to how much the support is going to be:


First this depends on who stays in the house after divorce,


Because living in a house of ones own and not having to pay rent is considered as extra income.


Second this depends on whether he earns money of his own or not.



If she is the sole earner her income is split in half and he gets half of it.


If they both earn both incomes are added , then splitin half and what he earns is deducted from his half.


The rest is the support.

1,100 Euro have to atay with here, this is mandatory.


The rent that is aaved by living in the house will be added to the incomes ( monthly instalments of mortgage will be deducted of course)


So if she stays in the house and it would fetch a monthly rent of 800 Euros , these 800 Euros increase her income.

Same goes for the husband.







As to the house: It depends whether both are in the land register.


If that is the case the house will be split in half so to speak no matter who paid the most during the marriage.



After separation both spouses have to participate in paying the mortgage, everybody has to pay half




I hope I was able to help and I did not forget anything.


Please do not hesitate to ask if the answer is not to your complete satisfaction



If however I have helped I would be very happy to be rated positively because that is how I get credit for my work


Thank you





Customer: replied 1 year ago.

Hi Claudia Marie,


 


Thanks for your answer the answer to question 1 is clear, can you just clarify a few things on the other 2 questions:


 


Question 2


If he has worked on and off throughout the marriage does my sister have to support him just during the one year of separation, or for the year of separation and then for one year after separation, or longer?


 


Question 3


Assuming the house is sold and my sister pays her husband half of the value does she still remain liable to pay him support?


 


Many thanks,


 


James


 

Expert:  legal eagle replied 1 year ago.

Dear Customer,

 

 

 

 

 

Thank you for your response.

 

In 2009 the legislation concerning spousal support changed and since that time nothing is sure anymore as it used to be.

 

 

 

So now jurisdiction depends on the circumstances .

 

 

 

After the year of separation however the spouse who has not worked fulltime during marriage is obliged to do so and has to look for work and write 20 job applications per month.

 

 

 

 

 

If he does not succeed the income he could earn by working fulltime is added to his income as a fictitious income.

 

 

 

This is if he is not too ill to work fulltime for which you may need a medical expertise.

 

 

 

So she may have to pay support for longer than a year

 

 

 

As to the houseIf the house is sold the capital every spouse gets out of it does not count as income only the interest you could get on that capital does

 

 

 

 

So if everyome gets , say , 200,000 Euro out of selling the house he does not have to live of his share of the money but if he gets interest out of it or could get interest out of it counts as income or fictitious income

 

 

So she will have to pay less support because he will have income of his own

 

 

I would really recommend your sister take a good solictor who should be a Fachanwalt für Familienrecht ( divorce lawyer) like myself

 

 

 

I hope I was able to help and would very much appreciate getting a positive rating because this is how I get my share out of the deposit you made

 

 

Thank you so much and all my best wishes for your sister

legal eagle, Attorney
Category: German Law
Satisfied Customers: 10808
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and 2 other German Law Specialists are ready to help you
Expert:  legal eagle replied 1 year ago.

Dear Customer,please have a look at my answer Took me such a long time thank you

Customer: replied 1 year ago.

Thank you for such a detailed answer. Much appreciated.


 


James

Expert:  legal eagle replied 1 year ago.
You are very welcome


Best wishes for your sister

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