Divorce in community of property | Legal aid centre

Questioner

LS A married couple who are married in community of property are getting divorced. In the past, the spouse received an inheritance. The will included a provision that the inheritance does not fall into any community of property to which the recipient is entitled by marriage. The recipient is otherwise free to dispose of the inheritance. From the money of the estate, the husband has paid off the remaining amount of the mortgage loan, being 20,000 euros, on the joint home. The wife has not signed a declaration of debt. My question is whether by paying off the joint mortgage, the spouse has nevertheless brought the amount of the repayment into the marital community. The husband buys out the wife and continues to live in the home after the divorce. Is the wife now entitled to half of the appraised value, or is the husband allowed to deduct half of the €20,000 from this (after all, he has also paid off his share of the remaining debt)? Or can the spouse even deduct the full EUR 20,000?

Lawyer

The amount does not fall into the joint estate. The amount of 20,000 euros is therefore for the spouse. Do you have any questions? Please feel free to ask.