Jointly owned property in Vienna – divorce

Three options: (1) one party takes over and buys out the other, (2) you sell together and split the proceeds, (3) you keep renting it out jointly for now. I help neutrally with the decision, provide a free market valuation as a fair basis and – if you wish – handle the entire sale for both sides. That way you avoid the costly partition lawsuit.

No, not necessarily. You can keep it (one buys out), rent it out or sell it. There is no legal obligation – only the economic pressure (running mortgage, two households, capital tied up). In most cases a sale is the cleanest cut.

In a consensual divorce you decide yourselves. In a contested divorce the partition procedure under §§ 81 ff. EheG applies: jointly acquired property is generally split 50/50 – except inheritances, gifts or pre-marital assets. Who may stay in the home can be decided by the court (matrimonial-home protection under § 87 EheG).

With joint ownership both parties must consent. If no agreement is possible, either can file a partition lawsuit – which usually ends in a public auction at a poor price (often 20–30% below market). Better: an amicable solution with professional mediation. I mediate neutrally and help reach a fair settlement.

A neutral market valuation determines the current value. The taking-over party pays the other half (or agreed share). Requirement: sufficient credit standing to take over the remaining debt plus the buy-out. Banks usually require 20–30% equity plus running income. I help prepare the bank meeting.

A court-ready expert report costs €1,500–€3,000. A detailed market valuation (free with me) is often enough as a basis for an amicable solution. Only if it goes to court do you need a court-sworn expert. 80% of my mandates are resolved without a formal report.

Yes – that is my core promise. I do not represent either party but mediate between you. Both receive exactly the same information, the same viewing dates, the same offers. I communicate transparently by email to both addresses or in joint online meetings.

The loan keeps running – until it is either repaid via the sale proceeds or taken over by one party alone. Important: release from the loan contract requires the bank's consent (debtor release). When one party takes over, the bank must agree to release the other – this is not automatic.

Austria applies the partition procedure under §§ 81 ff. EheG: matrimonial use property and savings are generally split 50/50 – except pre-marital assets, inheritances and gifts. A condo acquired jointly during the marriage clearly falls into the partition estate. Details are clarified with your lawyer.

No legal pressure, but emotional: the longer an unresolved property question stays open, the more expensive it gets (double households, more bank interest, conflict). My average: 8–14 weeks from first meeting to notary contract.

If no agreement is possible, only the partition lawsuit remains. That leads to auction – usually with a significantly lower price. Before that step I always try mediation. In over 90% of my cases we find an out-of-court solution both sides accept.