AboutHenning Haarhaus Expertise I am a Certified German Lawyer and a Certified Tax Specialist Solicitor. I practice in German inheritance, inheritance tax law and civil law. I also offer my legal services in the fields of German business, tax & commercial law; e.g. business organisations, contracts; debt collections and international law. I have been working as a German lawyer since 1999 in the forenamed fields.
Experience
Education, credentials and professional experience: - graduated as certified banker in 1989
- passed First State Exam (JD-equivalent) in 1994
- postgraduate judicial service traineeship in Berlin
- passed Final State Exam and admitted to the bar in 1999
- practiced in an internationally operating law and tax consultancy firm in Dresden
- founded the law offices of Henning Haarhaus in 2003
- passed exam on theoretical expertise in the field of tax law in 2004
- passed exam on theoretical expertise in the field of inheritance law in 2005
- awarded the title Certified Tax Expert in 2007
You can find extensive information on German inheritance, real estate and business law in English in the online resource of the law office:
http://www.kanzlei-haarhaus.de
Expert: Henning Haarhaus Date: 6/24/2008 Subject: divorce and testament
Question Dear Sir i lived in Germany for over 20 years and was married to a German lady we had 2 children ,while married I loaned my life savings to my German father in Law so he could buy some land from the stadt were his house was built on.Unfortunatly my marriage broke up after my wife had a affair she divorced me and i returned to the U.K My father in law wrote a testament saying that on his and his wife,s death me and my wife would receive the loan back plus 6% interest for each year we have invested (from year 2000) Of course now my marriage has split up and even though I have asked for my share back My Ex inlaws will not pay me a cent back.the testament as been signed by both inlaws and ex family members not stamped or signed by a lawyer though.
I was also under the impression that I was divorced and my ex wife is married to a african who she married in Kenya,
I have now also found a new partner but I have been told because i am not rechtkraftig divorced is my ex commiting bigamy.is there any way by law I can have my monies paid back to me please advise.and were do I stand about my divorce.
Answer Dear Sir,
it took me about 15 minutes to formulate the answer to your inquiry. Law is a complex matter and I try to avoid ansewering in legalese whcih would be the most simple thing for me. However, if one has further questions he should use the follow-up function instead of niggeling about the bad service provided for free. Please change your rating.
I understood that the will was written before you and your wife split. In that event the question would arise if the change of the situation would have as a consequence that the will has to be interpreted in a different way and if so how an interpretation would be. One could be of the opinion that you can claim half of the loan back. However, if the funds used to grant the loan were earned solely by you without any direct or indirect invovement of your wife (e.g. she stayed at home and cared for the children meanwhile you earned the money) might also be entitled to claim the whole loan back. Of course you would have to proove this.
The next question would be if you and your (ex?) wife reached any legally binding agreements about the issue or about the distribution of assets in a wider sense at the time you split.
You can take legal action at the court where the deceased had his last residence irrespective of where your ex spouse lives and where the estate assets are located.
In order to answer your question about your divorce I would need further details about it. Please note that divorce judgements renderred abroad are subject to an acknowledgement in Germany which however is rather a formality snf not refused very often.
