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I was married in 1991 in Germany. My wife and I are both…

Customer Question
Hello, I was married in...
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: 2 years ago.Category: German Law
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Answered in 2 hours by:
2/2/2016
Lawyer: ulysses101,
 replied 2 years ago
ulysses101
Category: German Law
Satisfied Customers: 3,757
Verified

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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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