Desire for joint property - currently separated

  • Erstellt am 2020-07-16 10:07:10

Tolentino

2020-07-17 10:43:38
  • #1


From today's perspective, maybe.
But when these words originated in their root, no. And somehow there's also a logic that one is basically the opposite of the other, so you just reverse the order.
But well, that's really off-topic now.

On topic:
What would I do in the OP's place? If there is a chance of renting out (and a further increase in value is to be expected), rent out the house and build anew with the partner. Before that, precisely agree on the equity contribution to be brought in and the annuity portions and the resulting shares in the land register. By the way, it is theoretically possible here to place a new charge on the house in the land register (virtually as an equity substitute) if necessary (to compensate for missing equity). At least up to the amount of the already repaid and thus freed first-ranking mortgage; depending on the increase in value and the disposition of the bank, a new second-ranking mortgage could also be beneficial.

Regarding paying off the loan: How long has it been running already? After 10 years, you have a special right of termination. Before that, definitely also upon sale, but with a prepayment penalty. If you don't want to sell but simply want a new lender, the bank doesn't have to accept that.
Have the prepayment penalty best calculated by the bank. Then you'll have clarity.
 

pagoni2020

2020-07-17 10:55:44
  • #2
There is absolutely nothing against that and it feels so good for you. For the other person, with perhaps different experiences or worries, the same situation feels different, but that doesn’t make either of them better or worse in my opinion. You can think of the worst case... and in fact you do once in a while, which is not reprehensible. One should also not expect the worst and certainly not be negatively oriented; at least that’s not how I am. What I find strange is a pigeonholing thinking that the one who worries and expresses it honestly is supposed to be the worse "lover" than someone else whose actual attitude we would only see if "unfortunately" it ever came to that. You go to the registry office, you change the tax class, you take on caregiving responsibility and much more, which I want to be able to rely on in a serious case (both partners). So why shouldn’t two people honestly think about this beforehand to prevent that someday in life NEITHER of them is left alone in the soup? I find that responsible and precisely a sign of love if both of us think about it. One does not exclude the other, nor does it make one the moral crusader and the other the greedy bastard. That’s too simplistic.
 

pagoni2020

2020-07-17 11:00:12
  • #3
Exactly! Sure, this version is also a good way, as long as it fits the two of them. I believe one would have to be in exactly the same situation to adequately evaluate all the circumstances. It would be nice if one were always just as clever with their own little problems. I’m working on it......
 

kati1337

2020-07-17 11:00:16
  • #4

But especially if I want that later on NEITHER of them ends up alone in the mess, then it makes sense to also share what I have worked for as an individual in the past. To say "I already have a house here that almost belongs to me, but in case of separation it still belongs to me alone" is personally too strong an "I"-mentality for me for someone who plans to marry or have a family with the other person.
But how have others so nicely put it? Maybe I am a bit old-fashioned there as well.
 

Tolentino

2020-07-17 11:01:07
  • #5
I always say with these thoughts about the worst case (which I, by the way, also don’t feel comfortable with): "I know neither my future self nor your future self. We have to protect each other from these people." That the depths of the personality of today's selves often reveal themselves in such situations is an unpleasant but desirable side effect. From my perspective, a possibly painful but necessary exercise before one "binds oneself forever." And yes, all concepts that arise from this, be it a sophisticated prenuptial agreement with exclusions here and there or throwing everything together and trusting our future selves as well, have their legitimacy as long as both partners do not feel coerced and are treated fairly (or else both are treated unfairly to the same extent).
 

Altai

2020-07-17 11:03:15
  • #6
It was his house, inherited from his mother, which he already brought into the relationship (however, his ex-wife and their daughter still lived in the house, which is why we rented). In fact, it was never an option for him to put me on the land registry, that is correct.
 

Similar topics
08.01.2015How is the amount of the land charge determined in the case of a new construction?14
18.12.2015Financing unequal equity ratios of unmarried partners24
11.06.2015Triple entry in the land register27
18.08.2015Land charge problem with partial areas for financing11
23.09.2016Owner/land register for a couple not yet married28
06.04.2017Building a house without equity?55
30.08.2017Land charge - Separate financing for land and house12
24.10.2018Decision aid: special repayment or saving equity for a single-family house?23
11.10.2020Financing land and house? Taking out a mortgage? Construction costs?151
18.04.2019Buy a second property - on existing mortgage25
15.08.2019When to build a house? Interest rate / equity ratio12
02.12.2019Ground charge ordering - notary contract, ground charge...28
30.04.2020KfW153 loan immediate repayment - prepayment penalty?24
24.01.2020When to use equity?41
20.01.2020Transfer of old, non-assignable mortgage charge12
21.03.2021Land registry later than planned - save KfW funding18
11.04.2022House construction 2024, affordable with little equity?74
11.06.2022Use of Credit vs. Equity41
11.10.2022How to best approach a project when the existing house is the equity29

Oben