How does the shared house affect the equalisation?

If the essential gain of the marriage sits in the house, the equalisation hangs on its value (section 1378 BGB). A neutral valuation is therefore the basis on which a fair agreement rests — set the value wrongly and one side pays or loses too much.

Who may stay in the house during the separation?

During separation the court can assign the marital home to the spouse who depends on it more (section 1361b BGB); on divorce, transfer of use under section 1568a BGB can follow. That decides living, not ownership — and creates calm to seek the better solution with full care.

Does a deadlock inevitably end in a partition auction?

Rarely. The partition auction is the worst case, when co-owners cannot agree at all (section 753 BGB) — with outside bidding and usually a loss in value. Precisely because this path is so unattractive, a neutral valuation and an ordered conversation almost always find a better one.

Knowledge · Guide · German law applies

Late separation and the shared house.

A couple separates late in life and owns a house together. The value of that house is central — to equalising the accrued gain, to who may stay for now, and in the worst case to an auction. But a blocking counterpart and a shared house do not have to end in a forced auction.

Read the full guide · 12 pp.

As at: June 2026

The answer first. When a marriage is divorced, in the statutory matrimonial property regime the law equalises the increase in assets built up during the marriage — the accrued gain (section 1378 BGB). If most of the wealth sits in the shared house, its value stands at the centre of that calculation. For the home itself, one spouse may be assigned it — during separation under section 1361b BGB, on divorce under section 1568a BGB; and no one can dispose of essentially their whole assets alone while the marriage lasts (section 1365 BGB). Only if the co-owners cannot agree at all does the worst case loom: a partition auction of the house (section 753 BGB) — usually with a loss in value. It is precisely this worst case that can almost always be avoided.

In the statutory regime of the community of accrued gains, assets stay separate during the marriage. Only on divorce is it compared who gained how much during it; the difference is equalised by half (section 1378 BGB). If the essential part of that gain sits in a shared house, the whole calculation hangs on its value. Set it too high and one side pays too much; set it too low and the other loses. So a neutral, comprehensible valuation is not a luxury but the basis on which a fair agreement can rest at all.

Such a valuation matters too because the house is rarely owned alone. Often both are entered in the land register in equal shares; then each owns a half and neither can simply override the other. On winding up such a community of co-owners and its calm paths we write under avoiding a partition auction.

As long as it is not yet settled to whom the house will finally fall, the question arises who lives in it in the meantime. Already for the time of separation the court can assign the home to the spouse who depends on it more (section 1361b BGB); on divorce, the transfer of use under section 1568a BGB can follow — up to a tenancy of its own. Neither decides ownership; both decide living arrangements — and it takes much of the sharpness out of the situation. Whoever can stay in the familiar house need not sell under pressure, and there remains time to look calmly for the better solution.

A separation becomes hard when one side stonewalls. But the law guards against rash solo moves: while the marriage lasts, one spouse cannot dispose alone of essentially their whole assets — and the shared house often counts among them — without the other consenting (section 1365 BGB). So no one can quietly create facts. That takes the edge off the worry that the other might sell the house overnight.

Conversely: a blocking counterpart can make an agreement harder, but cannot prevent it endlessly. When nothing else works, each co-owner can demand the community be wound up, in the worst case through a partition auction (section 753 BGB). It is a sharp instrument — outside bidding, the often low proceeds, the loss in value. Precisely because this path is so unattractive, it is worth it for both sides to seek an ordered solution beforehand. A blocking former partner and a shared house need not end in a partition auction; a neutral valuation and an ordered conversation almost always find a better way.

Equalisation of accrued gains (Zugewinnausgleich): In the statutory regime, on divorce the increase in assets built up during the marriage is compared and the difference equalised by half (section 1378 BGB). Where the wealth sits in the shared house, its value stands at the centre of the calculation.
Partition auction (Teilungsversteigerung): If co-owners cannot agree, each may demand the community be wound up; with an indivisible house this happens by sale, in the worst case by public auction (section 753 BGB) — usually with a loss in value. More under partition auction.

This article provides orientation and does not replace legal or tax advice. The divorce and the equalisation are handled by a specialist family lawyer; the neutral valuation and the ordered conversation about the house we prepare with you.

Right-sizing your home

When the shared house no longer fits: the calm ways to rethink it.

Avoiding a partition auction

Why the worst case is almost always avoidable — and how.

How does the shared house affect the equalisation?: If the essential gain of the marriage sits in the house, the equalisation hangs on its value (section 1378 BGB). A neutral valuation is therefore the basis on which a fair agreement rests — set the value wrongly and one side pays or loses too much.
Who may stay in the house during the separation?: During separation the court can assign the marital home to the spouse who depends on it more (section 1361b BGB); on divorce, transfer of use under section 1568a BGB can follow. That decides living, not ownership — and creates calm to seek the better solution with full care.
Can the other side sell the house secretly?: No. While the marriage lasts, one spouse cannot dispose alone of essentially their whole assets — and the shared house often counts among them — without the other’s consent (section 1365 BGB). So no one can create facts overnight.
Does a deadlock inevitably end in a partition auction?: Rarely. The partition auction is the worst case, when co-owners cannot agree at all (section 753 BGB) — with outside bidding and usually a loss in value. Precisely because this path is so unattractive, a neutral valuation and an ordered conversation almost always find a better one.