Divorce and real estate. When Anna and Thomas decided to go their separate ways, they were suddenly faced with many questions. Not because they had split up in an argument, but because their life together over the years had also created shared property: a house, a current property loan and a home for their children.
They quickly realized that in addition to the emotional issues, they also needed clarity on legal, tax and practical matters. That's exactly what this guide is about - what is required in Austria for Divorce and real estate applies, as Real estate loans, ImmoESt and the possible Selling a property after divorce and how these issues can be resolved fairly, step by step.
Property & "Divorce property": Who owns what?
In Austria, the following applies during marriage Separation of property. In the event of a divorce, however, the Right to apportionment in force. This means that things that were used or earned jointly during the marriage, such as the marital home, joint real estate or savings, are divided regardless of the land register or ownership.
- Standing both in the land registerhalf or a sale with revenue sharing is usual.
- Is only one partner registeredthe other party may still be entitled to compensation if the property served as a family home.
- Inheritances or gifts are usually excluded - unless there was an increase in value during the marriage.
Right of residence: Who can stay?
The land register alone does not decide. Especially if there are children, the Child welfare in the foreground. This means that the parent without ownership can also be granted a right of residence. In the case of rented apartments, the tenancy rights can even be transferred to one person.
Equalization payments: Why not always 50:50?
A fair division does not automatically mean that both parties receive exactly half. Rather, it is about what is economically fair for both sides. An equalization payment should not put anyone in financial difficulties, but at the same time it should make it possible to start afresh - be it by buying a new home or securing childcare.
Divorce real estate loan: Who continues to pay?
For many couples, the real estate loan is the biggest challenge. The bank is not interested in private arrangements: Both partners are jointly liable.
- Continuing the loan together: possible if both remain solvent.
- Transcription to one persononly with the consent of the bank and sufficient creditworthiness.
- Sale & loan repayment: the easiest way if no one can carry the loan alone.
Checklist: Real estate loan options after divorce
| Option | Prerequisites | Advantage | Risk/disadvantage |
| Continue in pairs | Both powerful | No immediate sale necessary | Dependence remains |
| Transcription to one person | Bank approval, creditworthiness sufficient | Clear responsibility | Full risk for one person |
| Sale & loan repayment | Market sale possible, bank agrees | Restart possible for both | Emotional connection is lost |
| Limitation of liability | Application within 1 year after divorce | Protection for an ex-partner | Only by application & court |
Divorce ImmoEst: When is real estate income tax due?
There is also a lot to consider from a tax perspective: Whoever sells a property can Divorce ImmoEst be confronted - unless the Main residence exemption.
Official information at austria.gv.at
Checklist: Divorce and real estate - When is ImmoESt due?
| Situation | ImmoESt? | Notes |
| Main residence (2 years continuously) | ❌ No | Exemption, if the residence is given up |
| Main residence (5 out of 10 years) | ❌ No | Exemption also applies in this variant |
| Investment or second home | ✅ Yes | 30 % Tax on capital gain |
| Inheritance/gift (in the event of subsequent sale) | 🔸 It depends | Tax liability if there is no main residence use |
Divorce property sale: step by step
If couples do not agree on a different solution, the Real estate sale after divorce often the easiest way.
Checklist: Real estate sales procedure
| Step | What needs to be done? | Who is responsible? | Duration |
| 1. reach an agreement | Both must agree or court decides | Ex-partner/court | variable |
| 2. valuation | Market value by appraiser/broker | Experts/brokers | 1-2 weeks |
| 3. marketing & visits | Exposé, advertisements, finding buyers | Broker | 2-6 months |
| 4. loan repayment | Residual debt is repaid from the purchase price | Buyer & Bank | immediately upon sale |
| 5. share proceeds | Divide the remaining amount fairly | Ex-partner | direct |
Equalization of accrued gains & documents
Even without a prenuptial agreement, the following applies: assets acquired during the marriage are equalized. This also includes real estate - except for inherited or donated property. It is important to have the right documents to hand.
Checklist: Important documents
| Carpet pad | Why is it important? |
| Land register extract | Ownership and encumbrance ratios |
| Credit agreement | Amount and type of residual debt |
| Marriage/divorce agreement | Written regulations on allocation |
| Valuation/appraisal | Basis for compensation or sales price |
| Tax documents | Examination of ImmoESt and possible exemptions |
Frequently asked questions (FAQ)
Who owns the property after the divorce?
For both in the land register: both jointly. Compensation may also be necessary in the case of sole ownership if it was the family home.
Who can stay in the house?
Often the parent with children - even without an ownership entry.
Is it possible to sell a property with a loan during a divorce?
Yes, the property can be sold despite the loan, the bank first receives the redemption before the remaining amount is divided up.
Does ImmoESt have to be paid on divorce?
No, if the main residence exemption applies. For investment or second homes, however, yes almost always.
Do you need a prenuptial agreement?
Not mandatory - without a contract, the statutory division procedure applies. However, a marriage contract or a notarized agreement can avoid disputes.
Conclusion
In the end, Anna and Thomas decided to sell. It was not an easy decision - but it gave them both a clear new start and a stable environment for their children.
History shows that a Divorce with real estate does not have to end in a dispute. Whether it's about Divorce real estate loan, Divorce ImmoEst or is about Divorce property sale with clarity, advice and good communication, fair solutions can be found.
Your next step: Create clarity with Kroy Immobilien
A divorce brings with it many questions - especially when a property is involved. Whether it's about the fair distributionone Current real estate loanwhich ImmoESt or the Selling a property after divorce goes: We from Kroy Immo accompany you sensitively and competently on this path.
Contact us now for a non-binding consultation - Together we will find the solution that suits your situation.
