Buy a house and own use or rent

Hello,

I have a question. We have the opportunity to buy a house cheaply within the extended family circle.

The seller is married and still going through a divorce.
He himself no longer lives in the house but has moved in with his new family.
His still wife and one common child still live there.
She is not listed in the land register, only he is.
Unfortunately, she has not yet moved out voluntarily and since the divorce is still ongoing, there would be the possibility to buy the house and collect rent.
Question 1: Since she does not work and receives benefits (Harz4), she is not entitled to a 120m² apartment and would accordingly have to move to a smaller one that the office would then pay for.

If question 1 does not apply, can I register my own use after the purchase, but in the meantime can I collect rent which the office or she has to pay?

No legal advice!
Purchase does not terminate the lease. Therefore, currently free use of the house!? Rent increase request by you. Deadlines! Adjustment to what amount is possible? What happens if the authority does not pay because the house is too big? Eviction lawsuit? Will the lawsuit succeed since she lives there with a child (hardship case)? Etc.

Questions upon questions. Only the lawyer can help.

Hello!

See it as Nordanney! There are too many risks involved. It could result in money, time, and psychiatric effort.

The office doesn't have to pay rent at all (must). What does the bank of the current seller say? Are there still loans to be serviced here?

Hello,

I also think that this case could become interesting.

In order to be able to issue a termination due to personal use (only possible once the registration in the land register has taken place !!!), in my opinion, there must first be a rental agreement.

This is not to be assumed in this case. Therefore, it is not necessarily to be expected that rent or similar will be paid voluntarily.

In such a case, I would definitely speak with an experienced specialist lawyer before the purchase in order to discuss on the one hand the possibilities and on the other hand the risks.

Regards,

Dirk

That would become very, very exciting. The nice thing about it: the outcome is completely uncertain and the costs are so high that it might be too much for a hobby purchase.

I always wonder how anyone can seriously entertain such considerations.

Father has moved in "with the new family" and mother is supposed to be thrown out of the house with the kids because it is currently so convenient. I can't eat enough to vom*** as much as I want.