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DirkBettinger
DirkBettinger, Rechtsanwalt
Category: German Law
Satisfied Customers: 131
Experience:  2. Staatsexamen
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I was married in 1991 in Germany. My wife and I are both

Customer Question

Hello, I was married in 1991 in Germany. My wife and I are both German.
In 1994 I inherited my mother's home worth 588,000 DM. My wife and I moved
in to the home and I renovated it with 300,000 DM that I inherited.
In 2007 we sold the home for 330,000 Eurs and moved to Canada where we bought
a home and paid cash.
In 2009 we separated. Under German inheritance law should I be credited under
the Family Law Act for the value of the inherited home that I received in 1994. If so, what portion would my ex-wife be entitled to when we separated in 2009.
Submitted: 10 months ago.
Category: German Law
Expert:  Ulysses101 replied 10 months ago.

Hello, thank you for the question.

Here's what I think: the home bought in Canada, but married spouses, in which they lived as a couple, is the matrimonial home. German inheritance laws wouldn't matter because you're not divorcing or dividing property under German law. Where the money came from to buy the home in Canada wouldn't matter.

It's true that I can't comment on the law of another country. There's a category for German Law on this site. If you like, I'll have your question moved to that category so you can speak to an expert there. I suspect that the expert will tell you that once the money is moved to Canada and used to buy the matrimonial home, that Canada's laws apply. The property division laws in Canada apply because you lived in Canada for that period, bought the property in Canada, and separated in Canada.

You ask "under German inheritance law, should I be credited under the Family Law Act..." which is the wrong question. You want to know whether under the Family Law Act you can use German inheritance law to opt out of the provision that the equity of the matrimonial home is equally split.

Does that make sense?

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