She is reading along and I am discussing this with her.
She does not even want to receive it as a gift; she wants to have the part she contributes paid out later. The question is whether we bow to the will of the bank, I give it away and somehow arrange that I simply get the share of the property back after the separation and give her her money.
But it is still disadvantageous for her. If she had invested the money elsewhere, she would have earned interest on it.
The problem is that when building the house, you cannot separate between the land and the house. They are firmly connected, so a co-owner of the land is also always a co-owner of the house. There are certainly ways to contractually arrange a buy-back agreement, probably also via notary. But someone else can surely advise you better on that, we did nothing of the sort.
But even if you bowed to the will of the bank – you will never get this officially sorted to this day. To get her into the land register, it would have to be done notarized. For us, the registration took months.
I could imagine that the bank is opposing this because they classify it as immoral. The legal transaction would be obviously very disadvantageous for your partner, maybe they are afraid that it makes the contract legally contestable? I think parents who guarantee for their children are a different matter. Parent-child relationships do not just dissolve like that. In your partner’s case, she would guarantee for the entire loan without owning anything of the property. If things go wrong, that’s a personal bankruptcy for her. Even if you later draw up a note that she will get her paid-in money back in case of separation: a) where do you get the money to pay her out? b) what if you run off to Sardinia with your new flame without settling your contractual obligations in Germany? Sure, the scenario is absurd, but it illustrates that she would then owe the bank the full installments for a property of which she holds 0 ownership. Not every separation goes smoothly, and people are friendly and considerate afterwards. I have seen former couples fighting each other psychologically after divorce in the worst way, trying to manipulate the children, and damaging the ex financially as much as possible. That is not so rare.
I would never conclude the contract as you intend, that is financial harakiri.