JMP Attorneys at Law plans for you.
Real estate law
Planning together.
Whether as a private individual, entrepreneur or investor, tenant or owner, good planning and clear contracts give you security from the lawyer for real estate law.
Long-term planning and good contract drafting are therefore a worthwhile investment in all real estate law matters, whether renting, buying, selling or building projects.
The lawyer for real estate law is the top address for all questions.
Real estate is a central part of everyone’s life. How we live, reside and work is crucial to our quality of life, in which we continually invest a considerable amount of our wealth, time and energy. Therefore, disputes about real estate affect people very strongly in their essential needs for security and well-being and often represent a great emotional burden.
A major focus of our work has been real estate law from the very beginning. Thanks to our many years of comprehensive experience, we can also take into account associated areas of law such as family and inheritance law, property law, tax law and building law when clarifying your questions and drawing up contracts.
We make sure you know your rights and options and can make informed decisions with which you will be happy for a long time.
We represent property managers, owners, tenants and landlords, developers, investors, house builders and construction companies in contract drafting and litigation.
"Even from stones that are put in your way, you can build beautiful things."
Johann Wolfgang von Goethe
What does real estate law entail?
Real estate law covers a very broad spectrum of aspects. In addition to the acquisition or sale of real estate, this also includes its financing and realisation.
An area of law that is difficult to understand: advising on real estate law requires a broad range of legal and economic background knowledge. Whether buying or selling, developing, managing or financing real estate, we can help you with all your real estate needs. Particularly when it comes to small details, sound specialist knowledge is essential and we can refer to our years of experience in real estate law for this.
Your interests and the desired real estate project are our focus. We do everything we can to eliminate hazards and minimise risks. Together we pay attention to specific characteristics and find an individual solution for you. Our focus is on your personal interest.
In addition to legal advice and support in all areas relating to property and flat (sales) purchases, we also support you, if required, by representing you before courts or administrative authorities.
The division of assets in a divorce is part of our daily work. For this reason and because of our many years of experience in this area of law, we are among the specialists. Below you will find basic information. It is best to ask us directly whether these apply to your specific case.
In general, if the marriage is dissolved, the principle of marital property division applies. This means that what the spouses have acquired in the course of the marriage is divided. The marital assets (things that have served the use of both spouses) and savings (financial reserves accumulated during the marriage), as well as debts related to the marital savings, are divided.
Real estate is also included in the useable assets. Rarely does one partner have enough financial means to pay the other half of a joint property. Often, the sale of the property follows as a last resort, at the end of which all parties are disappointed because they did not receive thereturn the had hoped for.
Excluded from the division is what one spouse has already brought into the marriage. Because these assets have nothing to do with the marriage. HOWEVER: the matrimonial home is considered a counter-exception!!! If the other spouse has an urgent need for accommodation, he or she must be included in the property division! The urgent need is assumed if it is essential in securing the necessities of life, or if a common child is interested in the continued use.
In order not to lose one’s house in the event of a divorce, one is therefore well advised to carefully examine the legal options and to pay attention in advance to whether a property division agreed upon in writing seems to make sense for this purpose. This ensures that the property remains with the previous owner in the event of separation and that no compensation payments have to be made. Relevant for the treatise are the matrimonial property law and the marriage contract.
An advance agreement is intended to provide security after the divorce. Such agreements are subject to formal requirements and therefore require a notarial deed in the case of an agreement on the matrimonial home.
Even though the advance agreement was concluded in a valid form, it is subject to a judicial review of equity, in which the judge may deviate from the agreement if the agreed upon division appears to be inequitable/unreasonable.
Real estate law in divorce and why a good contract is important:
We are also happy to take care of the settlement of your property.
We are the right contact when it comes to tenancy agreements, purchase or dissolution of your property.
Your personal contact
Our specialists
Dr. Christoph Jeannée, LL.M.
Mag. Laura Reischenböck
Expert knowledge...
...for further reading
Here you will find exciting articles by our lawyers on the topic of real estate law.