Loan agreement for only one person: advantages / disadvantages

  • Erstellt am 2018-02-27 14:56:39

HilfeHilfe

2018-02-27 19:46:20
  • #1

So for us immensely, I 80k my wife 25k part-time
 

86bibo

2018-02-27 19:51:39
  • #2
In case of marriage, it is a community of accrued gains. This means that in the event of divorce, each party is entitled to half, and if both are borrowers, both must also share the responsibility equally. What then happens with the house is of course not necessarily regulated, but any arrangement made now can be nullified by the time of separation. For unmarried couples, a contract clarifying later ownership rights would certainly make sense. Not to mention inheritance rights, what happens in the event of illness/death, etc. Regarding income tax: of course, 2x tax class 4 is better than 2x tax class 1. If that is financially negligible for you, okay, I am quite happy about the extra money.
 

face26

2018-02-27 19:51:50
  • #3
Well, that may be the case with you. But the thread starter never said anything about that.
 

face26

2018-02-27 20:00:58
  • #4
1. If both are listed in the land register and both take out the loan, there is no difference to married couples. It belongs to both equally and both are liable for the loan. Same with marriage.

2. Income tax classes are irrelevant, they are just an advance payment. What matters is whether the splitting table is used or not, and that has nothing to do with income tax classes.

3. The tax advantage is not great for those earning similar amounts. If one earns significantly more, that’s different, but no one wrote about that here.

4. The question was, what happens if they separate, and now tell me what should be better for married couples. If you want to arrange who stays living there and who owns more or anything else, then unmarried couples need a contract and married couples need a marriage contract; otherwise, nothing more is arranged for married couples either.

5. Inheritance/gifts etc. completely correct. But be careful with community of accrued gains that is being divorced; it is also considered who brought what into the marriage. Everything from that point on is divided by two.
 

Fuchur

2018-02-27 20:07:56
  • #5
unfortunately, that is a consequential misconception. In the community of accrued gains without a marriage contract, an initial asset of €0 is assumed for both, i.e., the final assets are divided without deductions --> § 1377 Civil Code
 

face26

2018-02-27 20:17:54
  • #6
...if no inventory is created...and in every divorce I know of, one was created. This is always part of divorce negotiations, at least in those I know so far. I am currently handling a recent divorce case where this exact inventory is being created. ...everyone who brings assets into the marriage will do that.
 

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