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German Law/dividing assets on separation

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Question
I'm currently in the process of splitting up with my German national girlfriend. we have lived together(not in a register partnership)for 3 years.
we are renting the house together with both names on the contract and i understand what i must do to terminate the contract.
my question is regarding the division of property within the house.

regards

Answer
Hello Kevin,

I you have not been married, family law does not apply.

The division of assets is then governed by property and contract law, which means we would need to look at each specific item and find out what the two of you agreed on upon its purchase. In the absence of an explicit agreement, we would need to find circumstantial evidence for your ownership, your ex-girlfriend's ownership or for joint ownership.

Generally, whatever was yours before will remain yours. Whatever was hers before will remain hers. The tricky things are the items which you both bought, financed and used together during the relationship. In order to make some comment on those, I would need to know more about the types of assets and who financed them.

In my experience, it is usually worth to come to some agreement because if cases like these are litigated, the lawyers on both sides will charge more than the stuff is worth (unless you have some very valuable paintings or pianos).

Andreas Moser
http://about.me/moser

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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