What is a user fee in divorce?

Questioner

What is a user fee that you can use in the event of a divorce and what percentage is used for this?

Lawyer

A user fee is a fee that one partner must pay to the other partner if he or she uses the marital home alone. In principle, this amounts to 4% of half of the home's equity. In recent years, however, this calculation method has come under pressure, because house prices have fallen and in many cases there is no longer any equity. If the usual calculation method were to be adhered to, this would lead to a request to impose a user fee being rejected, while the home is jointly owned, one of the two cannot use it and even has to incur costs elsewhere in order to be able to live. For this reason, judges are increasingly looking for a creative solution in the sense that a reasonable amount is linked to it.

Questioner

In my question I also asked whether the percentage of usage fee is separate from any interest rate on assets?

Lawyer

I don't see this 2nd question mentioned in your 1st question above. I don't quite understand what you mean. Does this mean that you are involved in an alimony issue and that there is also a question of assets in addition to the marital home?

Questioner

In my question I also asked whether the percentage of usage fee is separate from any interest rate on assets?