Equalisation of accrued gains
The property value goes into the initial and final assets – often as at different dates.
Separation · divorce · equalisation of accrued gains
Property valuation for divorce and accrued gains
In a separation and the equalisation of accrued gains, two things matter: the value and the valuation date. The date follows from the purpose of the valuation and the rules that apply to it. I determine the value as at that date independently and transparently for both sides – even if it lies years in the past.
Jens Krüger · Let’s talk: +49 172 868 5666
In a separation or divorce, the property is often one of the largest assets. Whether it is a sale, a takeover by one partner or the equalisation of accrued gains: first it has to be established what the property is worth – and as at what date.
Handled personally · short-form valuation from €1,299 · full market value report from €2,599
Prices incl. VAT for flats and detached and two-family houses with up to 160 m² of living area under normal valuation conditions. If several valuation dates are needed, you receive an individual quotation.
When is a property value needed in a divorce?
Takeover by one partner
If one partner keeps the property, a clear value basis is needed for the equalisation payment.
Sale
An independent valuation creates an objective basis for the price before the property is sold jointly.
Division of assets
With joint ownership or several properties, the values are needed as an economic starting figure.
Important:
The property valuation determines only the property values required. The calculation and assessment under family law are not part of the property valuation and remain a matter for your lawyer or the family court.
Which valuation dates can be relevant in a divorce?
Within the same divorce case, a property may have to be valued as at several different valuation dates.
- Initial assets: if the property already belonged to one spouse when the matrimonial property regime began, its value at that time may be needed.
- Inheritance or gift during the marriage: here the value at the time of acquisition may play a role.
- Final assets: under § 1384 of the German Civil Code (BGB), in a divorce the date on which the divorce petition becomes pending replaces the date on which the matrimonial property regime ends.
The relevant valuation date should be specified clearly from the court documents or by the instructing lawyer. A valuation as at a past date is not simply today’s value calculated backwards; it relates to the market conditions and the condition of the property at that time.
Valuation report or short-form valuation in a separation or divorce?
If you want a house valued in a divorce, you should first clarify which route is planned. If the property is to be sold, a current value estimate is often enough as a basis for the price. If one partner is taking over the property, the value should be documented in a way both can follow. If it is about the equalisation of accrued gains, values are often needed as at several dates, including past ones – the full market value report is then usually the right form.
Full market value report
from €2,599
When the value needs to be documented comprehensively for lawyers, the other side or the court.
Short-form valuation
from €1,299
When both partners are looking for a shared, inspected value estimate for an amicable solution.
Market value indication
from €599
For a first rough orientation without a site inspection, before deciding on further steps.
Which form suits your purpose and how many valuation dates are needed is clarified before the instruction. All prices at a glance.
Takeover by one spouse: the economic basis
If one partner takes over the property, the market value is the starting figure for the equalisation payment. Other figures such as the outstanding mortgage and affordability also count; the equalisation payment is calculated by your lawyers, and financing is clarified with the bank.
Takeover
A clearly reasoned value that both can accept is the basis for the equalisation payment and the financing.
Sale
A current value estimate as a basis for the price before the property is sold jointly.
Letting or holding
Achievable rent and running costs show whether holding the property jointly is economically viable.
If values are needed as at several dates – for example for initial and final assets in the equalisation of accrued gains and additionally the current value for a takeover – they can be determined in one instruction.
If no agreement can be reached: partition auction
If the property belongs to both partners and no agreement is reached, the co-ownership can be dissolved through a partition auction (Teilungsversteigerung). The court sets the market value, and the whole property is auctioned. Special legal requirements and protective provisions apply to spouses, for example regarding the welfare of children of the marriage; your lawyer will assess these.
A clearly reasoned value of your own can help to avoid the auction by reaching an agreement, and in the proceedings serves as a benchmark against the court-appointed valuation.
How the valuation works
- Enquiry: property, location, occasion and – if known – the valuation dates required.
- Agreement: service, valuation dates, client and fixed price before the instruction.
- Site inspection: personal inspection (for the short-form valuation and full market value report).
- Result: written valuation in the agreed scope, with explanations if you have questions.
Frequently asked questions about property valuation in a divorce
Is one property value enough for the equalisation of accrued gains?
Not always. Depending on the ownership and acquisition situation, the value may be needed as at the start of the matrimonial property regime, at the time of an inheritance or gift, and as at the relevant final date.
Can a property be valued retrospectively?
Yes. What counts then are the general market conditions and the condition of the property on the respective valuation date – not a simple backward calculation of today’s value using a price index.
Does my partner have to agree to the inspection?
Access to the property is required for a site inspection. How this is arranged should be clarified in advance – if necessary through the lawyers involved.
Do you calculate the accrued gains?
No. I determine the property values required. The calculation under family law is carried out by your lawyer or the family court.
Who pays the valuer?
That depends on who commissions the valuation and what the partners agree. If one partner instructs alone, that partner is the client; if both instruct jointly, they often share the costs. How the costs are ultimately allocated in the proceedings is a legal question for your lawyers.
Can we commission the valuation jointly?
Yes. If both partners agree on the approach, they can commission the valuation jointly. Both then receive the same report and can ask questions on an equal footing; this can help to avoid two competing valuations. Whether a joint instruction makes sense in your situation is best discussed with your lawyers in advance.
A report already exists – for example from the other side. What now?
I can trace an existing report professionally and check its plausibility: are the input data, valuation date and valuation inputs correct? Depending on the result, a written statement may be enough, or it becomes clear that a valuation of your own makes more sense. More under valuation report review and counter-valuation.
Further reading: equalisation of accrued gains and property – valuation dates explained →
Do you need the value of your property because of a separation or divorce?
Briefly describe the property, its location and – if known – the valuation dates required. You receive a specific price in advance.
Let’s talk.You speak directly to me: +49 172 868 5666