Approaches to solutions after unmarried separation

In which federal state is the house located?

The house is located in Bremen in a district where only detached houses are present.

Does it matter how significant his share of the occupancy is?

2 rooms are basically left over. My bedroom is 40 sqm and is therefore significantly larger than the other two rooms.

The good fairy actually lives in the house. The OP doesn’t want to move out...

Correct, then I am the "good fairy". You have to report a move to the bank anyway, and whether they cooperate has to be approved again... I will have my credit broker check it once after my vacation. The sale solution is also still on the table. But it has to bring in around €420,000, otherwise I won’t do it. And not uncommon in Bremen, they are all around that amount here if they are not that old.

Best regards!

....whether we all mean the same thing there and whether the [Fee] knows that she/he is one? -

One more question comes to mind, maybe someone can answer it for me... If I were to take over the loan and my partner gifts me her 25%, would gift tax be incurred, correct? But since the house is encumbered by a loan, does that then balance out? After all, the 25% only really belong to her once the loan is paid off. And therefore, I cannot pay taxes on something that factually still belongs to the bank.

Best regards and have a nice weekend!

I like your line of thought and wish you were the next Finance Minister, but it doesn't work that way, because then everyone who finances would only pay taxes on their non-mortgaged share. But it is a real estate transfer tax, not a mortgage-free property tax...

I lived in a shared flat for years, I don’t think it’s that bad. Besides, eventually a partner could move in again...

I wouldn’t find it that bad either. You can certainly make arrangements, feel young again, get other things on your mind, and eventually know what you want to do with the house. That will happen by itself.

Since then she has apparently been renting out a room via Airbnb (which often leads to problems with the neighbors due to intrusive guests, but that’s another matter). Financially it seems to work out, but you have to want that.

Then you have changing guests who use the toilet and you have to clean up after them. And also during Corona... as a host you have to observe the regulations.

I also believe that you can only push something a bit

A separation - even from the house - takes as long as it takes. You can throw reasonable advice in the bin. You will always be annoyed. So go with your gut feeling: start a shared flat, you can also cancel it again if it doesn’t fit or if you are ready. That would be my (empathetic) suggestion.

If I were to take over the loan and my partner gives me her 25% as a gift, is gift tax due, correct?

Yes, that is correct. If she puts her 25% into a "Real Estate Investment" UG or GmbH, then you can buy the GmbH and no real estate transfer tax will be due. However, it has other catches and pitfalls that you should be aware of.