How does the bank calculate the feasibility of construction financing?

  • Erstellt am 2017-07-17 08:35:44

Lars70

2017-07-17 08:35:44
  • #1
Good morning,

about 3 years ago I built together with my partner. I alone had contributed equity, together we took out various loans, due to an existing home savings contract, KFW, etc. In the land register 1/5 is registered to her and 4/5 to me.
In any case, a separation could now occur and so I would like to inform myself in advance how the whole thing could work financially.
I assume that we are both fair and will agree on the restructuring and transfer. I would want to try to take over the house.
That means if I take over her loans and the house is transferred to me, we would probably both be happy.
However, the bank must cooperate because of the release from debt liability.
That means an additional burden would fall on me.
The question is, how does the bank calculate whether this would be affordable for me? What minimum living expenses does the bank assume?
If the house is now transferred to me, will real estate transfer taxes be due again?

It would be nice if someone could clarify this for me.

Kind regards
Lars
 

lastdrop

2017-07-17 09:10:05
  • #2
Banks calculate living expenses differently, so it's hard to say.

From my point of view, it will not be easy. What advantage does the bank have in foregoing a borrower? Actually, only disadvantages.

There will be no other option but to ask the bank.

In my opinion, real estate transfer tax is already due since you are not married. But I am not sure.
 

Lars70

2017-07-17 09:29:11
  • #3
OK, thanks for the info. In case of emergency, I first have to take over all loan payments without a transfer. In two years, there will be a change for me because I still own a rented condominium and the unfortunate contract can be terminated here, or if necessary, the apartment can be sold tax-free. Of course, it is a matter of trust to take over the loans for two years without having anything on paper. Does anyone know how the real estate transfer tax is calculated when the house is transferred? Does the house have to be appraised here? There is basically no purchase price.
 

Caspar2020

2017-07-17 09:41:45
  • #4
Regardless of the sustainability:

The credit institution is not obliged to release a partner from joint liability in the event of a separation.

As for the [grunderwerbsteuer]: In your case, 1/5 of the market value of the house. If you set the value too low, the tax office will have the entire property appraised.
 

Lars70

2017-07-17 10:03:13
  • #5
OK, that means I would estimate a market value for the real estate transfer tax, and if the tax office considers the value too low, they will estimate it? At whose expense?
 

Caspar2020

2017-07-17 10:58:33
  • #6
I would discuss that with your notary. You have to go to them anyway.
 

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