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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16159
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Hello, My name is***** and I have an enquiry about German law so you may not be able to offer me assistance.
I divorced last year without making any financial settlement with my ex wife. When we spearated 5 years ago, we were living in Germany (in Dresden) and we sold our joint property so that my ex and our children could move closer to her family in west Germany.
When I returned to Live in London my income was seriously depleted (I'm a freelance musician) and I was unable to make any substantial or regular maintance payments so I didnt' feel able to take any of the capital out of our property. It struck me as being more important that my ex wife and childrten wer comfortably housed. With the Equity on the sale of our joint property, my ex was able to buy a very substantial property close to Dusseldorf. The house is a three storey market-place house with 6 bedrooms, two bathrooms + extra lavatory, large cellar, large utility room, music room, large living room/kitchen/diner and a separately approached ground floor flat complete with fitted kitchen/living room.
Whilst I was happy that my family was housed in this manner I had made it clear that I wanted to maintain my financial interest in the property but to my dismay my ex-wife, having met a new partner, has now sold the property and invested all our shared capital in a much larger property along with the afore-mentioned new partner.
I would now very much like to realise my share of the capital on our joint property but I fear the process ahead as I know little of German law and how my low income may affect my chances of retrieving my capital.
Are you able to help or at least point me in the direction of somone who might?
Sincerely,
Robert Vanryne
Submitted: 1 year ago.
Category: German Law
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer,
Thank you so much for your question.
My name is***** and I am happy to assist you today.
This is a bit complicated .
May I just ask
When you married which country did you feel closer to, Germany or the UK ?
Which nationality are you both ?
Do you have a marriage contract ?
Customer: replied 1 year ago.
Hello Claudia,Thank you for your response.We married in Reading and at the time we were living in that city so we were thoroughly close to the UK!I am British and my ex-wife is German.We didn't have any sort ot prenuptial contract.
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer ,
Thank you for your response.
In this case German Law would be applicable because your last residence as a married couple was in Germany.
Art 14, 15 Egbg
You have to file for division of assets before Düsseldorf Family Court .
Division of assets means that the assets at the day of your marriage and at the day where you were served the motion for divorce are compared and who has gained more is obliged to pay the other spouse half of it.
I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.
Customer: replied 1 year ago.
I think that I understand that! Something I do need to know before I proceed though: My ex wife has expressed her wish that my share of our joint property (our house) should diminish over time in lieu of my making regular maintance payments. Is she entitled to do this and would a German court uphold her claim. In other words, does she have a claim over my half of our capital as compensation for me not having had sufficient income to make regular maintance payments. I didn't try to claim any capital at first as she was in charge of our children and I wanted them to be housed securely.In the german divorce courts, is a shared house divided roughly 50/50 as it is in the UK?Many thanks,Robert Vanryne
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer,
no,divsion of assets and maintenance are two different subjects altogether
Customer: replied 1 year ago.
I'm sorry to keep asking further questions. I hope this is OK!I also need to confirm a couple of other points:Are my maintainance payments "means tested"? In other words, does the court calculate what I'm likely to pay in accordance with my income? I understand that there is a formular called "Die Duesseldorfer Tabelle" which is used to estimate what a spouse will be required to contribute.I also asked if property is traditionally divided 50/50 between the previous joint owners?Thank you for your further help!Best wishes,Robert Vanryne
Expert:  Claudia Schiessl replied 1 year ago.
maintenace is calculated according to the Düsseldorfer Tabelle with the parameters age of child and income.
Normally the proprty is deivided 50/50 but you have agreed otherwise, which makes things a bit more complicated.
So wjat was it what you have given her; a gift, a loan ?
Difficult to decide
Customer: replied 1 year ago.
I may have misslead you. We did not agree upon anything yet. I agreed only that I wouldn't ask for any of my capital until such time as she met someone else (who might feel inclined to buy my half of the property for example). Our informal agreement was that I would maintain my 50% share of the property until things changed.Effectively, my maintance "payments" have taken the form of housing her and the children over and above their needs. The house she has been living in is extremely large and used all of our joint capital. Things have now changed for her and she has sold the house without consulting me and has reinvested all our capital in a new and even bigger house along with her new partner.
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer,
as she has the money you will have to prove that this was only meant to be temporarily.
Customer: replied 1 year ago.
This will be difficult to prove! We have nothing in writing. I'm not sure how best to proceed other than to perhaps encourage her to admit in writing that I did not intend to simply give her our house! Our relationship is not a troublesome one (so far!). We remain on good terms so perhaps she may agree.I do find this turn of events worrying though. I have no other way of proving anything. Doesn't the property simply remain 50% mine in law?
Expert:  Claudia Schiessl replied 1 year ago.
Dear Customer,
you need to prove the money was not a gift
If you can`t file for division of assets.
No, if you are not in the landregister it is not your property
If I have helped a positive rating gives me credit
Customer: replied 1 year ago.
Thank you for your advice. I'm now extremely worried!
Customer: replied 1 year ago.
I WAS on the land register for our previous property but not on the one just sold.
Expert:  Claudia Schiessl replied 1 year ago.
I am sorry but this is how the legal situation is
It has to be the new land register, the old one is of no use
I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.
Customer: replied 1 year ago.
Well perhaps I will be able to rely upon my ex wife to be honest?
Expert:  Claudia Schiessl replied 1 year ago.
Yes you should try
You can still threaten her with division of assets, this is a possibilty to get your share
Customer: replied 1 year ago.
OK, so not all is lost!
Customer: replied 1 year ago.
I'm afraid that I was too gullible. I was lead to believe that my shared assets could be traced back to our joint property. Ironically, our first house in the UK was 100% mine when she moved in with me, though I know that in marrying her, I effectively can disregard that
Expert:  Claudia Schiessl replied 1 year ago.
Oh no,not all is lost
It is either she gives you your share or you file for the division of assets I have expained above
If I have helpd a positive ratig gives me credit
Customer: replied 1 year ago.
ok. That puts my mind at rest a bit
Expert:  Claudia Schiessl replied 1 year ago.
I am glad
Customer: replied 1 year ago.
is it still possible for me to ask a few more questions or have I used them all up yet?
Expert:  Claudia Schiessl replied 1 year ago.
I have made you an offer
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16159
Experience: I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
Claudia Schiessl and other German Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you. Is it OK if I take a little break now as I have to work?
Customer: replied 1 year ago.
but I would like to thank you for your help so far. You've been very helpful.Ich kann auch Deutsch Sprechen aber leider ganz schlecht schreiben!
Expert:  Claudia Schiessl replied 1 year ago.
You are very welcome!!
English is no problem when I write on my PC

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