Declaration of the Purpose of the Land Charge by the Husband

Hello, maybe someone can help me with the following problem? I am married and we live in a community of accrued gains. Now I have bought an apartment to rent out on my own, so of course I want to take out the loan alone. My husband is not supposed to have anything to do with it. It worked without problems the other way around (he bought). The best interest rate was offered to me by Sparda Bank. However, they want my husband to sign a [Grundschuldzweckerklärung]. When we google this, it sounds to us as if he would be liable for the loan as well. Is that the case or are there different types of [Grundschuldzweckerklärungen]? According to the loan broker, it is required. The legal situation has changed, so it was probably not required for my husband's financing. Does anyone know if this is really necessary according to the law? Otherwise, I will ask my local bank again.

Yes, wait, what exactly is stated in the Grundschuldzweckerklärung?

She wants my husband to sign a declaration of purpose for the land charge. When we google it, it sounds to us as if he would be jointly liable for the loan because of this. Is that the case or are there different declarations of purpose for a land charge?

That is the spouse's consent according to the Building Code §1365. It is completely normal and absolutely common. He is not jointly liable. It is unusual that it was not this way the other way around. I have known and practiced these regulations since my training (that was from '92). § 1365 Disposal of assets as a whole (1) A spouse may only commit to disposing of his or her assets as a whole with the consent of the other spouse. If he or she has committed without the consent of the other spouse, the obligation can only be fulfilled if the other spouse consents. (2) If the legal transaction corresponds to the principles of proper administration, the family court can, at the request of the spouse, replace the consent of the other spouse if the latter refuses it without good cause or is prevented from making a declaration due to illness or absence and if delay poses a danger.

Unfortunately, I don't know exactly what is inside there yet. So far, I only have the announcement that something like this will come, and that's why I googled it. I then came across the following:
Often, banks want the spouse to sign a broad form of the purpose declaration in addition to the borrower. This would mean that they automatically assume liability for the other partner's debts, even without knowing about new credit obligations.

What does "Vermögen im Ganzen" mean? In this case, it's not about my entire assets...

Often banks want the spouse to also sign a broad form of purpose declaration alongside the borrower. This would result in the spouse automatically being liable for the debts of the other partner, even without knowing about new credit obligations.

This is something completely different. A broad purpose declaration means that the (joint) property is liable not only for one loan but for the entire business relationship of the spouses. That is not what §1365 means. A broad purpose declaration should also not be signed for special reasons.

If only you are the owner and only you become the borrower, it is impossible for your spouse to be liable for anything under the broad purpose declaration (unless he is supposed to assume personal liability – but I have not seen that in 20 years). This solely concerns the spouse’s consent. §1365 basically means that significant assets (in the community of accrued gains) cannot be disposed of without the consent of the other. You are taking a high risk with the loan even though the community of accrued gains applies. Therefore, the partner should be informed and give their consent.

At Volksbanken, the purpose declaration states, for example: If, with regard to the marital property regime, the participation of the other spouse is required, the other spouse hereby gives their consent.

Ok thank you very much, that reassures me!