Is proportional land registry entry possible between spouses?

  • Erstellt am 2014-07-09 21:29:25

schwabenHorst

2014-07-09 21:29:25
  • #1
Hello to the forum,
I have been reading here for a while and now I have finally registered because our construction project is taking concrete shape.

We are married (no prenuptial agreement, but one could also be concluded afterwards) and want to buy a plot of land this year with equity and then build a single-family house on it in the coming years (financed).
Now it is the case that I am bringing in more equity. The plot costs about 100k and I am contributing 75k of it. Now, for the sake of caution (which hopefully will never happen), I want to financially protect myself. A colleague of mine was financially ruined by a divorce, even though he invested more in the formerly shared house... therefore I just don’t want to do anything wrong.

Can the land register entry also be allocated between spouses at a 75:25 ratio? Should one perhaps conclude a prenuptial agreement with separation of property before acquiring the land?

Thank you very much for your advice
 

nordanney

2014-07-09 23:59:26
  • #2
The question regarding the land register entry can be answered with yes. Of course, other quotas are also possible.
 

perlenmann

2014-07-10 07:52:21
  • #3
With your 75/25, the house is then 75% yours!!! The entire property on the plot is divided according to the weighting!
 

schwabenHorst

2014-07-10 08:02:25
  • #4
Thank you for providing your answers. OK, so we should already plan before buying the property who will cover how much of the house financing, and include that in the calculations (for example, I still have a small building savings contract that will only mature later). Based on this calculation, then distribute the shares.... that should be the fairest for both. What is your opinion on the subject of a prenuptial agreement before building a house together?
 

Doc.Schnaggls

2014-07-10 08:16:59
  • #5
No, I don’t think you should take into account who contributes how much to the pure home financing.

Due to the statutory matrimonial property regime of community of accrued gains, which you automatically have without a marriage contract, all values accumulated during the marriage belong to you jointly in equal shares.

So, in my opinion, the correct calculation would be as follows:

The respective equity now at the beginning, in percentage terms relative to the total costs (i.e. purchase price of the land + construction costs), should be identical to the percentage distribution in the land register.

Regards,

Dirk
 

schwabenHorst

2014-07-10 15:20:21
  • #6
Sounds logical, thanks!
 

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