Buying out or selling a house after a divorce?

Questioner

My husband has decided to divorce after 10 years of marriage. He wants to buy me out using the appraised value of the house as a guideline. Now I don't think that's the best solution with the current housing crisis because I have to look for a place to live myself and we will get a lot more for the house at auction than just this appraisal value. So I would like to have the market value and share it. Or that he buys me out for that market value. So that I as an entrepreneur can also just go with a fair amount to start over. He himself has a permanent contract. Now he threatens to take away our dogs if I want to sell the house. Can he take them away from me?

Lawyer

The appraisal value is the same as the market value. The value you should choose for the property is in principle the assessed free market value: the market value. This is the price that, if offered for sale in the most suitable way for the property after the best preparation, would have been paid by the highest bidder. If you disagree about the valuation, each of you can of course have an additional valuation carried out. Estate agents do not always arrive at the same result. If you have multiple valuations, you can use these resources. The judge can also appoint a binding estate agent who determines a decisive valuation. For the latter, you should contact a lawyer. The issue of dogs is of a different nature. But you should also make agreements about this. If the dogs are your joint property, neither of you may take the dogs from the other.

Questioner

The first dog was purchased by our ex-partner before our marriage and the second dog only 3 months ago. But he signed the papers for both so I'm afraid that indicates that he is the sole owner. I did take care of the first dog for over 9.5 years etc. In addition, my ex-partner has PTSD and he has indicated that he is making a PTSD dog of the second dog. Then it is an assistance dog and only his. I am therefore considering hiring a lawyer to also represent my interests.

Lawyer

If you are married in community of property, the main rule is that everything is joint, regardless of whose name the dogs were purchased in. Before you choose your own lawyer, you can also consider reaching an agreement together first. A procedure via two lawyers is many times more expensive and also takes much longer. You can have your first questions answered by me free of charge by means of a consultation with both of you. Such a conversation can take place via video calling and is completely free of charge. Would you like to contact me?