German Law/German Divorce
I sent my questions to you over three days ago and have not heard back from you. Regarding my right as an American who husband is German and asking for a divorce.
Please contact me
I am sorry for the delay. I sent a response on 16.10.2014. I will send it out again directly from allexperts instead of just using the link what I normally do.
The splitting of the assets (here house) works this way:
if you are the owner of the house to 1/2 this means half of the end value of the house at the day you file for divorce is (150.000,00 EUR minus half what you still owe to the bank = 1/2 escrow) minus the assets you had at the day you married (Anfangsvermoegen) minus the down payments your parents gave you (under considering the Kaufkraftindex adjustment) determines your Endvermoegen.
The same applies for your wife except there is no deducting of the down payment. So her Endvermoegen might be higher than yours. If her Endvermoegen is higher than yours you might have a claim against her (Vermoegensausgleich) in case you decide to sell the house.
If you want to keep the house you can deduct the difference her Endvermoegen is higher than yours from her payout claim.
I hope this makes sense to you. It is had to explain and I would need more information to come up with exact amounts.
I would be glad to set up a telephone consultation to answer all your remaining questions and I would be glad to represent you in your divorce cases.
I have a partner in Mannheim, Munich and Berlin and they represent my clients all over Germany successfully at court; while I prepare the documents etc. My partners and I are specialized in German/American divorces. I have a lot of experience with American Military clients as well as clients who worked as civilians for the Department of Defence. So as a husband of a Defence Department employee you will be in good hands with my firm if you want to file for divorce in Germany. You can contact me directly at firstname.lastname@example.org. The total legal fees for my firm (including the fees for my partners) will be the same what you would pay for a local lawyer to represent you in your divorce.
Rechtsanwaeltin/Foreign Legal Consultant