Construction financing with child support?

  • Erstellt am 2021-01-06 09:52:53

Olli-Ka

2021-01-07 08:41:28
  • #1
Hi,
if I were the ex-husband now, I would pursue the following options:

    [*]The ex-wife takes over the loan completely, which is rather unlikely (due to the income situation).
    [*]The ex-husband takes over the house completely (land register 100% + financing) and lets the EX stay there with the family as tenants. (The children's share of the living space is already covered by the child support.)
    [*]or the house is sold, the loan is settled from the proceeds, and the remaining profit is shared.

Regards, Olli
 

Mazur96

2021-01-07 09:47:16
  • #2


Option 2 has also already been considered by the ex-husband, but the ex-wife and her new husband will probably not want that, since they would then lose the house he actually wanted to transfer to her, and since the relationship is - sometimes more, sometimes less - strained, I see that as rather difficult.
In option 3, the remaining proceeds don’t even have to be divided; she could keep them, since all rights and obligations, including income and proceeds from both properties, were transferred to ONE person according to the divorce settlement agreement.

What is only confusing is that she apparently has been working on financing since 11/16, but so far no conclusion has been reached and no documents are available. A knave is he who thinks ill now – perhaps time is being played here, “tricks” have often been done by this side.

If no financing from the ex-wife is arranged, things will certainly get very exciting.
 

Tolentino

2021-01-07 10:59:48
  • #3
It is obvious that the ex-wife is having difficulties managing the financing, which everyone here suspects. So option 2 after all, but with the offer that the ex-wife and new partner can buy back the house (e.g., at the remaining loan amount today) as soon as the financing is feasible again due to the new partner's teacher employment and possibly the ex-wife's part-time job. This can certainly also be notarized.
 

Mazur96

2021-01-07 11:30:05
  • #4


I believe it’s not that simple. On the one hand, the keyword is “speculation tax” and on the other hand, if he “buys” the house and she “buys it back” in 6 or 12 months, this probably has tax implications?! Until then, my knowledge unfortunately is not sufficient.
 

Tolentino

2021-01-07 11:43:24
  • #5
But he doesn't buy anything? He is awarded the house in the divorce agreement, on the condition that he makes the sale to his ex-wife and her Neumann possible for Y EUR by date X (essentially an extended right of first refusal with an expiration date). Or has the agreement already been notarized as described before?

In my opinion, speculation tax does not apply, since he will not make a profit. (Note I am not a lawyer or tax advisor) But it is clear that all tips here should be checked again by a professional. We are just collecting ideas here.
 

nordanney

2021-01-07 11:45:07
  • #6
At least it is clear to virtually the entire banking world that child benefits/maintenance as a significant source of income are not sufficient. Therefore, another solution must be found.
 

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