Partnership agreement in inheritance share? How and what does it regulate?

  • Erstellt am 2016-08-04 09:46:45

roadrun87

2016-08-04 09:46:45
  • #1
Hello everyone,

I will inherit a house from the family at about 50%.
That means the purchase price is about 50% of the actual value.

The house will now be transferred to me and I will be registered in the land register.

In about a year, the purchase price is due and I want to renovate and move in together with my girlfriend.

We want to finance the purchase price and the renovation measures together through a bank loan.

Different amounts of equity will be contributed; let's just assume the following:

Me:
50% house value
€20,000 equity

Girlfriend:
€20,000 equity

This can still be well recorded.
Also, the monthly repayment can be well recorded later.

What amount can be assumed as "rent"?

When we talked about it, we thought that in the event of a separation, the house would be mine anyway. I would then have to repay her the contributed equity and the loan payments made, but minus a monthly amount for living.

She doesn’t want to have lived for free.
Of course, we hope that this situation does not arise, but we want to be protected.

After marriage, the situation looks different anyway.

I would create a fairly simple partnership agreement. Are there templates for this? Do you have any tips?
 

HilfeHilfe

2016-08-04 10:57:25
  • #2
You should get advice on this. Basically just as a food for thought. Record the current state and then consider how to deal with the value increase after the renovation. 50%/50% or does your girlfriend only get the equity she contributed?

Wohngeld is like the additional costs in rent, energy, property transfer tax excl. investment reserve. I would say this off the cuff. But also consider what is "fair" here.

I would still try to have the loan & house run through you.
 

Komposthaufen

2016-08-04 16:13:20
  • #3
Banks usually want two borrowers who are jointly and severally liable. However, in that case, it is not easy to release the girlfriend from the loan in the event of a separation.

Therefore, one could first try to take out a loan only in your name and your girlfriend then pays you a monthly housing allowance (like a small rent in a shared rented apartment). The repayment of the contributed equity could – as far as I can see – be relatively easily regulated in a partnership agreement.

Regards.
 

Payday

2016-08-05 12:29:43
  • #4
if you bring 50% of the house, but the other 50% is each paid half and half, for example, you could split it 75/25 % in the land register. important for the girlfriend: if she is not listed in the land register, she should under no circumstances be included in the loan! it doesn’t matter at all what some bank clerks always say, in the worst case scenario that would be her ruin. note: loan only if also in the land register. otherwise you basically pay for nothing. if necessary, consult a specialist lawyer.
 

Similar topics
30.04.2012No equity, good income, financing feasible?22
24.05.2013Build big? Or continue renting?23
20.06.2013Problems with equity - real estate purchase15
02.09.2013Loan of EUR 500,000 - possible with monthly income?17
26.10.2013Does owning horses/age influence the chance of getting a loan?10
25.01.2014Financing: Restructuring of KfW loan for the condominium18
02.08.2014Does the bank require our own equity when taking out a loan?11
16.02.2015Property purchased - Is financing/loan for house possible?13
21.02.2015Impacts on loan when equity is in property17
18.03.2015Buying property feasible - Loan with building savings as equity?12
22.06.2015Land price = complete equity. Finance yes/no?13
25.04.2016High equity, low income: to build or not?47
26.07.2016Calculation of equity capital in connection with KfW loan28
12.11.2016Bridge financing / variable loan11
06.04.2017Building a house without equity?55
31.08.2017Feasibility of construction project. Equity capital 50,000 Euros23
22.04.2019Real estate loan with high collateral but low ongoing income35
29.05.2021Enough equity? Will we even get a loan?30
11.06.2022Use of Credit vs. Equity41

Oben