IMLU · PRIVATE · DIVORCE & SEPARATION
Selling property in the event of divorce or separation
You would like to clarify what will happen to an apartment or house after the separation. IMLU checks whether a targeted improvement fits the property and your schedule before selling it. You will receive a described scope of work and a comprehensible calculation for the entire ownership side. For suitable properties, we pre-finance the agreed work.
Create a common basis for real estate decisions
Clarify how to proceed with the property
Maybe a sale is already planned. You may want to first check whether a person can take over the property or whether the property will remain as it is for the time being. We discuss the specific real estate issue and the status of your decision before proposing work.
The courts of the canton of Luzern explain various options for married co-owners under the marital property regime: takeover by a spouse, sale to third parties or continuation of co-ownership. The appropriate legal regulation depends on your situation. Information about property in a divorce.
The Fix & Share model described here is billed via an agreed sale. For an internal takeover, retention or further leasing, you need to make your own decision and a separate service and financing agreement for any work.
Compare selling in current condition to upgrading
An older house does not necessarily need extensive renovation before it can be sold. We check which targeted work seems sensible, what can be retained and which technical questions are open. The project baseline includes scope, materials budget, and sales assumptions.
This proposal can be compared to a sale as is. The duration of the work and the ongoing property costs also count. A higher assumed selling price alone does not indicate which variant suits your needs for available funds.
Regulate open personal questions separately
IMLU takes care of the agreed property upgrade and the coordinated property documentation. Ownership shares, personal compensation claims, mortgage obligations and the distribution of the proceeds between those involved are clarified with the responsible specialist advisor and the respective contractual partners.
Our calculation describes the billing between IMLU and the entire owner side. The 50/50 split does not say that both people will each receive half of the property proceeds after a separation. IMLU does not determine the personal division of assets and does not mediate between those involved.
Agree project information and approvals
For the property inspection, we work with a described basis: condition, possible work, material costs and sales assumptions. This allows legitimate stakeholders to evaluate the same proposal. Changes to the scope or budget will be approved prior to execution according to the agreed process.
We determine who organizes appointments, receives offers and is allowed to make binding decisions. A contact person can bundle queries; It does not automatically represent other owners. An existing legal or administrative order is also taken into account in its actual scope.
An initial general inquiry can come from one person before a joint real estate plan is in place. The respective authorizations and approvals will be clarified specifically for later viewing, work and sales. The request initially opens a conversation and does not give an order for the other person.
We agree which property information is transmitted to whom before it is passed on. Personal correspondence and private information about the separation do not automatically belong in the shared project documents.
Agree access and occupancy before work begins
If a person still lives in the property
We clarify which rooms are actually accessible and when the agreed work can take place. Use, any rental or residential rights and the necessary consents are taken into account. One person moving out does not automatically make the entire property available for work.
You determine with the authorized parties which items will remain, be taken away or stored. Clearance, transport and storage follow a separate order. Handover for renovation work does not determine ownership of personal items.
If the property is already free
After the agreed inspection, we record who hands over the keys, what equipment remains and what condition is retained. Known defects and open technical points should be examined. An empty apartment alone does not make a project economically or technically suitable.
Plan the time frame realistically
We are planning at least a month for the renovation. Condition, scope and deliveries determine the actual duration. Moving out, starting work and selling are separate dates; sales time is not guaranteed.
If money is needed at an earlier date, that should be part of the first discussion. Our pre-financing concerns the agreed work. It is not intended to bridge mortgages, new housing costs, maintenance or other personal expenses. If the additional period is not suitable, a sale without this work should also be considered.
Which upgrades and documents suit the property
We examine apartments and houses where a clear scope of work can be agreed upon before the sale. Worn floors, wall surfaces or individual elements of the furnishings can be a reason for a targeted upgrade. The actual scope is stated in the offer.
The project basis describes the agreed base value, the material budget, the planned work, access, changes and acceptance. If additional technical clarifications or approvals are required, these are listed as open requirements. A complete renovation is not automatically part of the offer.
Existing floor plans, approximate area, known work carried out, current use and condition as well as a desired time frame are helpful. Further information can be found in our article Documents for the sale of real estate. Existing sales or administration mandates are taken into account. In the case of condominium ownership, we clarify the documents and responsibilities relevant to the intended scope.
A general description is sufficient for initial contact. Further evidence of ownership, representation or access will be requested at the appropriate step and transmitted in a coordinated manner.
Upfront financing and settlement with IMLU
The property remains with the owner. For suitable projects, IMLU pre-finances the agreed scope of materials and work. The model does not provide for any prior contribution from the owners for this work. The later repayment of agreed materials and a positive share of the proceeds are part of the project billing.
Before the start, a base value is agreed in writing. It is a project-related reference figure and not a guaranteed payout. Nor does it automatically correspond to the tax value, an independent bank valuation or the amount due to an individual person.
When billing the agreed sale, the documented refundable materials will be taken into account. Any positive divisible additional proceeds will then be split 50/50 between the entire ownership side and IMLU.
Divisible additional proceeds = sales price − agreed base value − repayable material costs
IMLU covers its labor costs from its own share. They will not be deducted a second time before division. The material repayment replaces the pre-financing of the materials and is not an additional profit.
An additional IMLU sales order costs 1.5% of the notarized purchase price. The scope, VAT treatment and due date are recorded in a separate mandate. An existing broker can continue the sale. In this case, the actually agreed fee will be taken into account; the IMLU sales commission is not added to this.
Illustrative calculation for all owners together
The following numbers are freely chosen assumptions for a residential property. They are not an evaluation of your property, not a forecast, not an offer and not the result of a completed IMLU project. The invoice shows the property proceeds for the entire owner's side before further deductions. It does not determine any personal claim of an individual person.
We assume CHF 970,000 as the base value agreed in writing, CHF 1,160,000 as the sales price after the upgrade and CHF 32,000 as repayable materials. In addition, the separate IMLU sale at 1.5% is selected here. In the example, this sales fee is borne by the owner after the division.
| position | Amount CHF |
|---|---|
| Agreed underlying value | 970’000 |
| Assumed selling price after appreciation | 1’160’000 |
| Repayment of the agreed materials | 32’000 |
| Positive divisible additional revenue | 158’000 |
| Share of the entire ownership side of the additional proceeds | 79’000 |
| IMLU's share of the additional proceeds | 79’000 |
| Owner's proceeds before separate fees | 1’049’000 |
| Separate IMLU sales fee of 1.5% | 17’400 |
| Proceeds of the owner's side after this sales fee | 1’031’600 |
| Difference to the gross base value | 61’600 |
Assuming additional own labor costs of CHF 28,000, IMLU is left with CHF 51,000 of its share before financing, operating costs, taxes and other expenses. This internal calculation does not change the ownership share shown.
Comparison with a sale without appreciation
For the comparison, we assume a sale in the current condition at a base value of CHF 970,000 and also a 1.5% sales fee. Both prices are assumptions. The same fee rate makes the comparison understandable; their amounts in CHF differ due to the different sales prices.
| Variant | Sales fee CHF | Proceeds from the owner side CHF |
|---|---|---|
| Selling in current condition at CHF 970,000 | 14’550 | 955’450 |
| Upgrade with Fix & Share and sale at CHF 1,160,000 | 17’400 | 1’031’600 |
| Computational difference in these assumptions | — | 76’150 |
The CHF 61,600 from the first table compares the revaluation case with the gross base value. The CHF 76,150 compares it with the sale without appreciation based on a similarly assumed sales fee. These are different comparison sizes.
All proceeds are before additional VAT owed, taxes, legal and other advice, clearance, moving and storage, notary and land registry costs, mortgage repayment, prepayment costs, ongoing property costs and other agreed expenses. The additional duration may result in additional ongoing costs. The tables compare the model described and the sales fees; they do not replace complete personal accounting.
Other sales prices change the result
Base value CHF 970,000, materials CHF 32,000 and separate sales fee of 1.5% remain the same here. Only the assumed selling price changes. The further deductions remain open in every variant.
| Selling price CHF | Divisible additional proceeds CHF | Owner's share CHF | Proceeds after sales fee CHF |
|---|---|---|---|
| 1’040’000 | 38’000 | 19’000 | 973’400 |
| 1’100’000 | 98’000 | 49’000 | 1’002’500 |
| 1’160’000 | 158’000 | 79’000 | 1’031’600 |
At a sales price of CHF 1,002,000, the divisible additional proceeds are zero. At CHF 992,000 it is minus CHF 10,000. Then the positive example split is not applied. Shortages, lack of sales and project termination must be regulated in writing before the start; the example does not guarantee a payout of the underlying asset.
The material budget also influences the bill. With a selling price of CHF 1,160,000 and CHF 42,000 instead of CHF 32,000 of repayable materials, CHF 148,000 would be divisible. After the assumed sales fee, the owners were left with CHF 1,026,600, i.e. CHF 5,000 less than in the first example. An actual budget change requires the agreed approval.
Separate property settlement and personal distribution
The calculated owner's income is a common reference value for the real estate contract described. This does not mean that there is a specific amount for a single person, nor that there is an equal distribution between two people. Ownership relationships, actual obligations and any compensation claims are clarified separately.
Likewise, selling a property does not automatically mean that all mortgage or other obligations have already been taken care of. The actual deductions and processing are coordinated with the responsible contractual partners and the specialist advisor. The timing of available funds also follows the specific sale.
IMLU provides the agreed project billing so that the real estate position remains traceable. Further distribution and personal billing follows the relevant legal regulations. Our 50/50 participation in the positive additional proceeds is separate from this.
PINNEX documents every upgraded apartment
For each apartment upgraded in the project, a PINNEX starter package is part of the intended scope of services. A property-related QR code and a property-specific PIN lead to the agreed property information. Setup, authorized recipients, handover and any subsequent operating costs are specified in the offer.
Depending on the scope, existing plans, approved work photos, descriptions, material receipts, instructions and warranty documents are assigned to the property. This allows the agreed work and documents for the apartment to be tracked. Anyone interested in buying will receive the property information released for this purpose.
Private correspondence, court documents and personal financial documents do not belong in the buyer's dossier. We coordinate which person receives which property information. A common project basis does not require a new joint management of all private documents.
From first assessment to final settlement
Discuss the real estate issue and decision status
You describe the property, your role and the desired approach. We clarify whether a potential assessment makes sense and what time frame needs to be taken into account. An initial inquiry can take place before a joint decision and does not constitute a work or sales order.
Check condition and actual access
Once access has been cleared, we inspect the property. We check possible work, existing documents and open technical points. The use of the rooms and the handover of personal items are taken into account insofar as they relate to the agreed scope of work.
Agree on scope and releases in writing
The authorized owner or representative decides on the order. Base value, material budget, work, changes, access, acceptance and the handling of a different project course are recorded. A separate sales order remains a separate agreement.
Carry out and document agreed work
IMLU realizes the released upgrade and provides the coordinated status information. Changes follow the agreed procedure. We prepare the PINNEX starter package with the required documents for each upgraded apartment.
Complete the sale and property settlement
The assigned salesperson manages the sale. Materials, positive additional proceeds and separate fees are billed in a comprehensible manner according to the agreements. Personal claims and the distribution between those involved are taken into account in your own settlement.
Questions about selling real estate in the event of a divorce or separation
Can I first make a general inquiry on my own?
Yes. You can get to know the procedure and discuss general property information. Who is allowed to approve access, work and sales will be clarified before each step. Your request does not give an order for other parties involved.
Can we have the property inspected before a sale is decided?
Yes. The first potential check is free and non-binding. It helps to discuss a possible property scope. A specific project requires the corresponding agreement and the clarified releases.
Does the offer also apply to unmarried owners?
We check suitable properties even after a separation without marriage. The decisive factors are the property, the intended sale and the actual permissions. A regulation for spouses does not automatically apply to your personal situation.
What if a person wants to keep the property?
Then the further use of the property should first be clarified. The model presented here is billed via an agreed sale. Internal takeover, further use or rental and any work requires separate regulations.
Does 50/50 mean that we each personally receive half?
No. The 50/50 refers to the positive divisible additional proceeds between IMLU and the entire ownership side. What the individual participants are entitled to from the owner's proceeds will be clarified separately. Our calculation does not divide this amount between you.
How is the underlying value determined?
It is checked for the specific project and agreed in writing before it begins. Assumptions and existing property information are discussed. The underlying value is not a guaranteed payout and does not determine your personal requirements.
Are labor costs additionally deducted before the split?
No. The positive example calculation takes into account the sales price, agreed base value and repayable materials. IMLU covers its labor costs from its own share. Separate sales and other costs remain separate items.
Do we have to pay for the agreed work ourselves first?
For suitable projects, IMLU pre-finances the agreed scope of materials and work. Materials are later returned according to the agreement, a positive divisible additional proceeds are shared. Other property costs and personal expenses are not automatically pre-financed.
What happens if the scope of work changes?
Changes will be assessed and approved according to the agreed procedure before execution. The updated basis shows the scope and costs. A non-binding inquiry or a single appointment does not replace this release.
Can we keep our current broker?
Yes. The existing broker can continue the sale while IMLU undertakes the agreed level of improvement. The additional 1.5% only applies to a separately issued IMLU sales mandate. Another sales company will be taken into account with their actually agreed fee.
Can work begin if someone still lives there?
This depends on usage, available access, scope of work and required consents. We will clarify these points before we begin. The move out of a person or the handover of a key alone does not constitute approval for all work.
How long does the renovation and sale take?
We are planning at least a month for the renovation. Condition, scope and deliveries determine the actual duration. Sales time is added separately and is not guaranteed. Funds needed early must be planned regardless of the expected sales result.
What applies without positive additional proceeds or without a sale?
If the result is zero or negative, there is no positive amount to split 50/50. The parties must agree in advance how to handle this, a sale that does not take place, or termination of the project. The example guarantees neither a payout nor that all losses will be covered.
What documents do we receive via PINNEX?
A starter package is provided for each upgraded apartment, property QR, property-specific PIN and the agreed property documents. The scope, recipient and handover are stated in the offer. Private separation or court records do not become part of the buyer's dossier.
In which cantons do you examine properties?
From Malters we support suitable projects in Luzern, Uri, Schwyz, Obwalden, Nidwalden and Zug. Before making an agreement, we will clarify whether the property, scope and time frame are suitable.
Assess renovation needs before selling
Ours Guide to selling a property that needs renovation explains further questions about preparing for a sale. The specific property inspection and your real estate plan will be discussed personally.
Discuss your real estate plan
Kacper Ruta is your contact at IMLU. Briefly describe the property and what real estate decision you would like to prepare. For the first contact, your own contact details and general information about the property are sufficient.
Kacper Ruta · IMLU · Werkstrasse 11, 6102 Malters