Desire for joint property - currently separated

  • Erstellt am 2020-07-16 10:07:10

shenja

2020-07-16 14:15:47
  • #1
Regarding your fair solution, I notice that since 2017 you have saved rent and at your expense. If you had lived in a rental apartment, would you have paid the rent alone? It is nothing else now. In your case, you are the landlord and let your tenant live for free.

Under the circumstances, I would actually not get married. Especially since she is not even willing to pay a realistic price to buy in but wants the gains in case of divorce. I would inquire with a family law attorney to see if there is another solution like separation of property or something similar.
 

pagoni2020

2020-07-16 14:16:40
  • #2
At the moment I have a similar situation in my circle of acquaintances. He, the owner of a small house, is supposed to give away half of the house. But the proposed price is supposed to be 50% below the current reality. She does not want to "rent" because then she would feel like a "tenant", and if at all, then only at a price that also has nothing to do with the current reality. This probably should have been decided right at the time of moving in; afterwards it is difficult and probably will not go without pain. I see several problems here: if she pays too little, you will be left with a bad feeling, and the same applies to her the other way around. In addition, you as the "overpayer" (whether rent or purchase) will probably also feel that way subconsciously, almost like a 51% owner, which would be only human. Ultimately, she has been living rent-free for a long time (the ancillary costs are ongoing expenses) and I would like that too. As in the case of my acquaintance, I only see the option that you keep the house for yourself and therefore dispose of it alone but also bear the costs alone. It has nothing to do with her, neither positively nor negatively, whether you rent it out or sell it. I would absolutely advise against a half-solution that causes gut-wrenching feelings. I would see your house separately and then start something joint from scratch, renting, buying, or whatever. But I am also somewhat surprised that she has lived rent-free in a nice house so far and doesn’t get the idea that living costs money. Currently, no one is disadvantaged??? How do you come to that conclusion? You pay the "rent" for the house alone, but of course you are disadvantaged, and quite significantly! That doesn’t sound good if she has lived rent-free so far and now offers an old price from sometime ago. Sorry, for me a no!
 

pagoni2020

2020-07-16 14:28:00
  • #3
..... Having wishes is quite sweet, I have a few myself. But there is a big difference here, namely that you paid for it (worked) as it should be, and she would like to have it somewhat for free (she has already been enjoying free living all this time). You can still get married, but I only see option 2 or 3. Whether you then sell or rent out the house is entirely up to your decision and perspective regarding capital preservation. Renting it out would also have a positive effect on your financing. I can only advise you to take very clear and honest steps first, otherwise I see a drama coming your way, a completely unnecessary one since you both have good financial conditions. What would a new build look like, since you would be contributing your 50% as equity after buying a house? Or is a one-sided solution, like with the current rent, also being considered? You could probably pay your half of a new build in cash and would then be able to live for free immediately.??
 

apokolok

2020-07-16 14:34:48
  • #4
Well, I do find the girlfriend's point of view of paying the original purchase price from back then, since she moved in right away, not entirely unreasonable. Charging her the probable market price now, hmm... I don't think that fits in a relationship either. The few years rent-free, forgiven. If you have children together in the foreseeable future, the woman will most likely still have to make enough sacrifices regarding career/retirement security. The actual question here is rather whether to keep the house or not.
 

Zaire32

2020-07-16 14:38:39
  • #5


Yes exactly, then the situation would be exactly reversed. She would then be the only one servicing the loan.

We recently had an appointment with the notary for a prenuptial agreement and have been advised. That is why we will marry with a prenuptial agreement (separation of property and exclusion of marital property equalization, exclusion of pension claims).
 

pagoni2020

2020-07-16 14:42:25
  • #6
Of course you can rent out a house, I even rented it out as a holiday home for years and was downright "shocked" at how well it went. It just has to be nice and in order and you have to be willing to do something for it, but renting out definitely works. Who is supposed to pay that then would have to be considered by the potential tenant, but of course that would be possible. Whether you want to is another question. I also disagree with the view that this must have something to do with marriage. You just have to separate it correctly and there are too many emotions and vanities involved in such things. A notary, for example, asked for a fair and viable solution would tell you that.
 

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