HilfeHilfe
2020-07-30 11:43:54
- #1
Why should she get paid anything? No equity was contributed, and hardly anything has been paid down. At the moment, it’s 100% financing against the house, zero assets.
Something similar happened to a friend of mine (a long time ago). He bought a house with his partner, then there was some renovation left to do – the relationship ended before moving in. He then bought her half, paid the property transfer tax on that half again. But I don’t know how the credit was handled.
If she wanted to get out of the credit agreement, you would have to terminate it, or why would the prepayment penalty be due?
It’s definitely a really nasty situation, and I’m keeping my fingers crossed that you find a solution.
First of all, sort out the land register (with corresponding costs for property transfer tax and notary) and keep your feet still with the bank for now (you pay the installments alone) was obviously not an option because she remains jointly liable for servicing the loan.
Basically, terminating is a tricky matter. The bank does not have to release anyone from liability, not even against payment of a prepayment penalty.
You can’t just terminate that easily.
There are only 2 options: * Sale and payoff including payment of a prepayment penalty * Sale and substitution of collateral including release from liability (bank must agree) * Release from liability alone is apparently ruled out