If only one spouse is listed in the land register, that spouse is the sole owner of the property. What are the consequences in the event of a divorce? Here’s an overview.
It is common for only one spouse to be listed in the land register if they owned the property before the marriage or inherited it during the marriage. Here’s what the legal consequences are during a divorce.
Only one spouse in the land register: The consequences
The spouse listed in the land register is the owner of the property and has the authority to make decisions during a separation. This spouse decides whether to keep, rent, or sell the property. Typically, the spouse not listed in the land register moves out. However, the spouse not listed can secure a right of residence, especially if the couple has children. If the property has not yet been paid off, the spouse listed in the land register is responsible for repaying the loan.
Land register entry and inheritance
If the spouse listed in the land register passes away, the surviving spouse inherits at least a quarter of the property. The actual inheritance depends on several factors:
- Agreement of community of accrued gains or separation of property
- Will or inheritance contract
- Heirs such as children, grandchildren, parents, or siblings
If the couple has no children and the community of accrued gains applies, the surviving spouse inherits the entire property. In the case of separation of property, the surviving spouse may only inherit a quarter. If a loan is still outstanding, the surviving spouse also inherits the existing debt. Learn more about what applies to couples without a marriage contract.
Community of accrued gains and only one spouse in the land register
If no marriage contract is made, the statutory matrimonial property regime of the community of accrued gains applies. How the property is dealt with in the event of a separation depends on when and how it was acquired:
- If the spouse listed in the land register brought the property into the marriage, inherited it during the marriage, or received it as a gift, it belongs solely to them. They do not owe the other spouse any compensation.
- If both spouses acquired the property during the marriage or jointly participated in modernization or renovation work, the spouse not listed in the land register can demand compensation.
Separation of property and divorce
If you agreed on the separation of property and only one spouse is listed in the land register, there are no issues during a divorce. The spouse listed in the land register retains the property and does not pay the other spouse. The spouse not listed in the land register can claim compensation if both partners acquired the property together. This applies when both partners signed the loan contract and the loan has already been repaid.
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