We are both Germans and live back in Germany.
We jointly bought an empty lot for later retirement on Lake Norman, paid for out of my funds. No mortgage on the lot.
Wife committed adultery last summer, still is with her friend and then moved out in December. Seems like divorce will happen later this year.
I still plan to later build a house on the lot and spend part of my time there, she has no interest anymore.
We are trying to negotiate a separation agreement in Germany whereby she would deed her 50% of the lot over to me in exchange for some shares. I cannot afford to pay half market value and she said she did not want full value. In case she accepts the agreement I have a question I post separately.
But there is more to the agreement like alimony etc. So if we do not come to an agreement, she continues to own 50% of the lot, and a German divorce judge will not touch that issue. For him we both just continue to own 50% so nothing to settle there. What could happen then?
To plan my negotiation tactics I need to know my risk. What would she have to do e.g. to then force a sale of the property.
Could she go to a NC court and force a forclosure of the property to get 50% of the value, or could she force me to buy her out or what could happen? How lengthy and costly of a process would that be for her and me?
If she can’t force a sale or foreclosure I might just keep her as a 50% owner, of course then her share grows in value if I ever build a house on the lot, also not so good ? Or could I limit that by showing that the house was build after a divorce etc?
Or if she could force a foreclosure would this be an opportunity for me to buy her out “cheap” as the market is pretty down now? How much can be expected these days in such a sale? Half of the tax value or full tax value or what should I expect?
Sorry if those where too many questions, but thanks for shedding some light on what is an even more complicated issue of you live abroad!