In addition to custody, pension provisions, and assets, a decision must suddenly be made about what should happen to the house or apartment. The book describes three options: renting it out, selling it, or having one of the two partners take over the property. In most cases, selling is the cleanest solution.
It becomes particularly difficult when one partner wants to keep the property. The one who stays wants to pay as little as possible. The one who leaves wants to receive as much as possible for their share. Two opposing interests meet at the same property – and the valuation quickly becomes the actual point of contention.
It is not uncommon for each party to commission their own appraiser. The result is different figures, counter-appraisals, and lengthy discussions. The longer the dispute drags on, the higher the effort and costs – while the actual separation can hardly be finalized.
Let the market determine the selling price
In such situations, it can make sense to let the market determine the selling price. After all, in the end, it is not an appraisal that decides, but what a real buyer is actually willing to pay. The book therefore recommends a sale with a right of first refusal as a fair form of price discovery when one party wishes to take over the property.
Bestag organizes this process. The three most suitable regional real estate agents are selected from our own transaction database and compete against each other in a beauty contest. A bonus-malus contract motivates them to achieve the highest possible selling price.
If one partner wishes to take over the property, they receive a right of first refusal. They can acquire it at the highest binding purchase offer from an external interested party.
The selling price is therefore not based on an estimate, but on a real market offer. The discussion about the value loses its basis – and both partners receive a fair foundation for their financial separation. That is exactly what it is about: the property should not become the last major conflict in an already difficult phase of life.
