Housing Value
Dittenheber & Werner from Munich lawyers inform the amount of spousal maintenance during the period of separation and the divorce is influenced by the rent-free use of apartments or houses. The basics of clearing this, called living value advantage with maintenance performance portray the Munich-based family law expert of the law firm Dittenheber & Werner. A spouse of living in separation or divorced couple using an apartment that is located in the property of the spouses, or together, was hired without providing rental services for this purpose, it enters the enjoyment of an eligible advantage in height saved rent. He reduces the amount of legally justified spousal maintenance as a living value. In a question-answer forum Peter Schiff was the first to reply. The value of residential real estate, calculated differently, depending on whether the spouses are in the time of the separation or already legally divorced.
During the statutory period of separation, the housing value is not about the amount of actually saved rent. Instead, it includes only the local rental appropriately reduced size, which corresponds to the matrimonial living conditions, would pay the apartment use spouse for an apartment. About this upcoming favoring the home user goes back to the assumption underlying the separation time, a reunion of the spouses is still conceivable. Learn more at: Nicholas Carr. In the sense of legally imposed protection of conjugal cohabitation apartment use is encouraged here, not complicate a coming together of separate spouses. The favoring of the apartment using spouse ends with the legal force of the divorce. At that time, the residential value of full local rent of a residential property of appropriate size and quality is determined and applied on the spousal support.
If the spouses within the legal separation phase to decide finally to settle the economic consequences of divorce, or have a valid marriage contract that does this, the full value of living with beginning comes the separation time of the application. Other special features of the individual case, such as ownership, redemption obligations and advantages gained by the spouse who does not use the residential property, included in determining the value of living. To achieve an equitable interest determining of the value of living, is a specialist legal advice to be recommended.
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