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Sharing the home in marriage: laws and recommendations in different countries

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Sharing a home in a marriage is an important aspect of married life. However, there are no uniform rules or regulations that apply to all countries. The laws and recommendations on house sharing can vary from country to country. In this article, we take a look at some of the common practices and laws in different countries.

Germany

In Germany, the principle of community of accrued gains applies. This means that the property owned by one spouse before the marriage remains their property after the marriage. However, if assets are built up during the marriage, these are considered as gains and can be divided in the event of a divorce.

If a married couple buys a house together, it is usually considered joint property. This means that both spouses have equal rights and responsibilities. In the event of divorce, the house can be sold and the proceeds divided between the spouses. However, it is also possible for one of the spouses to take over the house and pay off the other.

USA

In the USA, there are various regulations on the joint use of the house in marriage, as family law varies from state to state. In some states, the principle of community property applies, whereby all assets acquired during the marriage are the joint property of both spouses. The house would therefore belong to both and would be divided in the event of a divorce.

In other states, the principle of ownership by the respective spouse applies. This means that the house belongs to the spouse who acquired it and is not automatically divided in the event of a divorce. However, it may be divided if the house was used jointly during the marriage or if the other spouse contributed financially to the purchase.

France

In France, the principle of community property applies. This means that all assets acquired during the marriage are the joint property of both spouses. If a married couple buys a house together, it belongs to both partners in equal shares. In the event of divorce, the house can be sold and the proceeds divided between the spouses.

However, it is also possible for one of the spouses to keep the house if this is in the best interests of the joint children. In this case, the other spouse can be compensated financially.

Spain

In Spain, the principle of separation of property applies. This means that the property owned by one spouse before the marriage remains their property after the marriage. If assets are accumulated during the marriage, they remain the property of the respective spouse.

If a married couple buys a house together, it is usually considered joint property. In the event of divorce, the house can be sold and the proceeds divided between the spouses. However, it is also possible for one of the spouses to keep the house and pay out the other.

Conclusion

Sharing a house in marriage can have different rules and laws depending on the country. It is important to find out about the applicable regulations and recommendations in your country in order to avoid potential conflicts or uncertainties. If in doubt, it is advisable to seek legal advice from a lawyer or notary to make the best decisions for your individual situation.

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