Basically, you need to distinguish between ownership of the property and its use. Both must be regulated in the event of separation and divorce.
In a separation, usually one partner moves out. The other remains in the apartment or house with the minor children. If the partner moving out wants to take one or all of the children to their new home, they must reach an agreement with the other partner.
If more than six months have passed since one spouse moved out, a return to the former shared marital home is generally no longer legally enforceable. If neither spouse wishes to move out after separation, a court must decide who may remain in the shared residence and who must move out. In making their decision, judges prioritize the best interests of the children. Their goal is to ensure that the children can remain in their familiar environment, i.e., with the parent who remains in the shared home.
If the husband moves out and the wife remains in the marital home with the children, which is the most common scenario, she must pay her separated partner compensation for use of the property, i.e., rent. This is unless they agree that this benefit of living in the property will be taken into account in the equalization of accrued gains.
This rent may initially be lower than the local average. However, if the living arrangements continue even after the divorce and the husband acquires the house and rents it to his ex-wife, she will then have to pay rent at the standard rate.
The sale of the property does not have to wait until the divorce; both parties can sell the property during the separation year and divide the proceeds between them.
This reduces the time pressure during the sale and has the advantage that, in the event of an equalization of accrued gains during the divorce, funds are available with which one partner can buy out the other. However, this approach should only be taken if both parties are certain they want to divorce and neither wishes to remain in the property.
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