Is it possible to buy/finance a house during the separation year?

People, I need some help with my thoughts again!

A good friend of mine (Ing.) just found out from her neighbor that he wants to sell his house. She wants to buy it.

However, she separated from her husband 4 months ago and they have 1 child. The separation year is already "official."

She would get the financing, but the bank wants a separation agreement because they lived in a community of accrued gains.

The soon-to-be ex does not want to sign any agreement.

The bank said it’s about the fact that the soon-to-be ex could make claims on the house at the time of the divorce.

My idea would be that she fully finances the purchase price of the house and repays as little as possible or ideally nothing at all until the divorce. So that she has no "assets."

The house needs renovation. The term should therefore be variable; she would increase the loan after the divorce and then renovate. Until the divorce, she would stay in the current apartment and pay the installment for the house purchase in parallel.

Would that work?

Are there any experiences regarding how to buy a property without an agreement?

I’m curious if there are alternatives!

Thanks in advance.

No, because it is still unknown (who owes what to whom)

Back then, while "in separation," I had a serious problem with refinancing the house, which I held alone. With the status "living separated, so everything uncertain," no bank could be found for the ridiculous €100,000. Eventually, one was found, but of course, that was not a given.

She would get the financing, however the bank wants a separation agreement because the two lived in a community of accrued gains.

The future ex does not want to sign an agreement.

The bank said it's about the fact that the future ex could make claims on the house at the time of the divorce.

My thought now would be that she fully finances the purchase price of the house and repays as little as possible or ideally nothing at all until the divorce. So that she would have no "assets."

Well, sometimes banks are really difficult. I know the topic – I have been separated for three years and still not divorced. You have to find the right bank that waives a separation agreement or whatever.

My thought now would be that she fully finances the purchase price of the house and repays as little as possible or ideally nothing at all until the divorce. So that she would have no "assets."

Accrued gains are not calculated only at the divorce date. The separation date is also important.

Are there any experiences regarding how to acquire a property without an agreement?

Ask banks. I have now gotten two financings from two different banks. I do not want to name any, but one of them is the largest German bank.

That is a bit illogical - he cannot make claims on the house because he is not registered in the land register. The only thing that counts is the accrued gains, i.e. the increase in assets. However, it does not matter whether the assets exist as cash or as equity in the house. It is the same amount in both cases. The only thing that should be considered is that enough cash is retained to pay out the partner in case her accrued gains are higher than his. Because if she were to invest all the money in the house, she would of course have a problem in this case.

That is a bit illogical - he cannot make claims on the house because he is not listed in the land register. The only thing that counts is the accrued gains, i.e. the increase in assets. However, it does not matter whether the assets are available as cash or invested as equity in the house. It is the same amount in both cases. The only thing to be considered is that enough cash is kept back to pay out the partner in case her accrued gains are higher than his. Because if she were to put all the money into the house, she would of course have a problem in this case.

Yes, but separation is not a routine matter that one just carries along. So one rejects it.