Construction financing with child support?

So first of all, both are listed in the land register for both houses. Therefore, both are included. To come across cleanly to the bank now, you should amend the land registers accordingly. Then maintenance is usually not taken into account. "Usually" because there are banks that at least take note of it.

Otherwise, the income situation looks rather poor. But that can be of no concern to you. Only for the children should your partner not hold the house now. You should tackle the separation of the land register quite quickly so that your partner is really out of the deal.

Thank you very much for the feedback!

But if the ex-husband now withdraws from the land register of the single-family house, he is still listed in the bank's loan agreement – the bank will not release him from the loan if it is not taken over by another bank or person. If the ex-wife (possibly with a new husband) cannot get financing, she is alone in the land register and he remains (co-)liable for the loan – that would rather be unfavorable for him?!

How much longer does the loan agreement run? Otherwise, you could have terminated it prematurely now after the 10 years.

Thank you very much for the feedback!

But if the ex-husband now withdraws from the land register of the single-family house, he is still on the bank loan agreement – the bank will not release him from the loan unless it is taken over by another bank or person.
If the ex-wife (possibly with a new husband) does not get financing, she alone will be in the land register and he will still be (co-)liable for the loan – that would be rather unfavorable for him, wouldn't it?!

I'm not an expert, but I would have said that for the follow-up financing, the person listed in the land register is taken into account. If he is out, he is basically unknown.

I'm surprised it has worked so far, right? Why shouldn't the current bank continue to finance if the installment was paid on time.

From my perspective:

- both partners are liable for the outstanding loan amount (since they are both named in the contract)
- the bank should not really be concerned with the divorce settlement agreement, as that is the internal relationship between the two; externally, they owe the amount to the bank, and that is all that matters to the bank
- the bank either requires a follow-up financing with itself or a repayment of the outstanding loan amount by another bank / own funds

Now the ex-wife is reportedly seeking follow-up financing. The risk of failure of such financing then affects both partners. Because the bank will probably demand the outstanding loan amount at the end of January.

If the ex-husband also does not obtain financing for the outstanding loan amount, the house will probably have to be liquidated by the bank.

It must therefore be clarified as soon as possible what the ex-wife’s status is regarding the financing commitment in order to possibly still find a way out (e.g., a conversation with the bank to prevent due date enforcement / Schufa entries).

It may also happen that the ex-husband and ex-wife must continue to service the loan together, as separate financing will not work.

The end of the fixed interest rate period does not automatically mean the end of the loan agreement. These are two separate things. The ex-wife and the trainee husband will probably not be able to arrange follow-up financing. The loan agreement continues, and the ex-husband is still obligated as a contracting party to fulfill the contract – then at a "market-based" interest rate. In this case, being removed from the land register would be disadvantageous for the ex-husband. A possible solution would be the transfer of the multi-family house to the ex-husband in exchange for servicing the continuing loan. In this way, a financial equalization would occur, and the realization of the house would be averted. With some skill, the ex-husband – even if it is already late – can still influence the upcoming interest rate.