In short
With an inherited house only the increase in value during the marriage counts, and even that only after the initial value has been indexed. Gather the receipts for modernizations early, because they move exactly that difference.
On this page · 4 sections
The example is made up and the figures are rounded. It shows how stubbornly a misunderstanding holds on, and how much money hangs on it.
The starting position
Some years after the wedding, one spouse inherits the family home, a detached house in a region with a rising property market. At the time of the inheritance it is worth around €410,000. When the marriage fails years later, the market value stands at about €500,000. There are no encumbrances left.
The other spouse calculates simply: half the house, so a claim of €250,000. The settlement starts with that figure in mind.
The point of dispute
The question is not who owns the house (that is undisputed) but at what value it enters the Zugewinnausgleich (equalization of accrued gains) at all. Whoever demands half the house treats the property like assets earned jointly. In fact, though, it is an inheritance, and that counts towards the privileged initial assets § 1374 (2) BGB: the value the house had at the time of the inheritance is attributed to the initial assets and therefore stays out of it.
Subject to equalization is solely what the house gained in value during the marriage. And even that growth is not divided in full, because the Zugewinnausgleich (equalization of accrued gains) is a claim for money over half the difference between the two spouses’ gains § 1378 BGB.
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How the calculation works out
From the final value of €500,000, the initial value is deducted in its indexed form. So that mere monetary depreciation does not wrongly appear as a gain, the value at the time of the inheritance is projected forward to the cut-off date using the consumer price index. In the example, the €410,000 thus become around €470,000 in current purchasing power.
What remains is an increase in the value of the house during the marriage of about €30,000, neither €500,000 nor €250,000. Only half the difference between the two spouses’ gains is equalized. The house therefore raises the equalization claim by 15,000 euros at most. Of the quarter of a million demanded, a fraction is left.
Where the example tips
What decides it are two clean valuations and the indexation in between. It looks different where substantial sums were invested in the property during the marriage; then the final value rises, and the other spouse shares more strongly after all, through the higher growth. That is exactly why in such constellations we examine the documentation on modernizations and work done by the owners early on.
The figures in the example are high, its structure is typical: with inherited assets what counts is the difference between two cut-off dates, and mere ownership plays no part in it.
Where an inherited property or one brought into the marriage is at stake in your case, the right valuation decides considerable amounts. In a confidential first conversation we sort out which approach carries in your case.
This post describes the rule, not your case. What applies to you depends on circumstances that no text can cover. For an assessment we need your documents and a conversation.
Is an inheritance in the picture?
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Under § 34 RVG (German Lawyers’ Fees Act), the first consultation costs at most €226.10 including VAT. If we take on your case, this fee does not apply. How the fees are calculated
- Privileged initial assets
- Indexation
- Equalization claim
She handles uncontested and contested divorces as well as maintenance proceedings, and alongside the divorce she also settles parental responsibility and contact, always with an eye on what it means for your family’s everyday life. View profile