Conditional release of house, divorce, bringing in a new partner in financing

Please also consult a tax advisor.

Currently, the Federal Fiscal Court has ruled: If the divorced spouse sells their co-ownership share in the jointly owned single-family house to the former spouse within the framework of the asset division on the occasion of the divorce, the real estate sale may be subject to taxation as a private disposal transaction ( ).

The case: The spouses had jointly purchased a single-family house in 2008 and initially lived in it with their child. After the marriage went into crisis, the husband moved out in 2015. The wife remained in the house with the child. Subsequently, the marriage was divorced. As part of the asset division in the divorce proceedings, there was a dispute between the separated spouses regarding the property. After the wife threatened the plaintiff with auction, the husband sold his half co-ownership share to the wife in 2017. She continued to use the property with the child for her own residential purposes. The subjected the profit from the sale of the co-ownership share to income tax.

Before I register a new partner in the GB, I prefer to demand rent.

So if you want to be fair to your husband, then get him out of the credit agreement. It is simply unfair to potentially hold him liable for your debts. And in fact, he is potentially liable. With his entire assets. This can also drag his possibly new family into the abyss. Even a release of liability between you does not help here. The bank goes after him. And it does this if you do not pay, or cannot pay. That means your husband also cannot go after you.

Call Dr. Klein and get advice. Your situation happens more often. You can already get used to the new interest rate. You have a contract and it is binding.

In theory, I could get out after 10 years, do they want to miss out on 10 years of interest?

If they push a new contract on you, you'll probably pay 2% more interest per year. Assuming 200k is outstanding, that's 4,000€ per year for nothing... Simplified over 10 years, that's 40,000€ more that you pay.

If they push a new contract on you, you will probably pay 2% more interest per year. Assuming 200k is outstanding, that is 4,000€ per year for nothing... Simplified over 10 years, that is 40,000€ more that you pay.

Exactly that is unfortunately my problem :( I wouldn't be able to handle this increase... In less than 2 years I could choose a completely different bank and they would then miss out on the remaining 10 years, and that is my small hope that the current interest rate can be maintained if, for example, I bring my parents on board.

So if you want to be fair to your husband, then get him out of the loan agreement. It is simply unfair to hold him liable for your debts in case of doubt. And with that, he is liable in case of doubt. With his entire assets. That could also drag his possibly new family into ruin. Even a release of liability between you doesn't help here. The bank will go after him. And it does so if you don't pay or cannot pay. That means your husband also cannot go after you.

Call Dr. Klein and get advice. Your situation occurs frequently. You can already get used to the new interest rate. You have a contract and it is binding.

Why is that? Her ex did sign the loan agreement together with her. Why should she now bear the risk alone? On the contrary, she continues to pay the installments alone.