Paying "rent" to the partner... how?

  • Erstellt am 2020-01-27 18:47:18

Tamstar

2020-01-27 18:47:18
  • #1
Greetings,

inspired by the parallel thread where the woman wants to be in the land register but does not contribute anything, I wanted to present my case for discussion:

My partner would like to acquire property and we would live in it together. Loan in his name, he alone is listed in the land register, marriage not excluded but currently not planned. Children excluded. I have no problem if I am neither "on the loan" nor in the land register.

Now I am thinking about how to arrange this because I obviously want to contribute. Otherwise, I would have to pay rent.

I would say that I then cover living expenses and possibly ancillary costs and he covers the loan. So basically that both pay an amount x into a joint account, from which everything is then paid.
Would you split that equally? A little voice inside me says: No, because at the same time I have to do additional retirement planning, while he is "building capital" by paying off the house.

I would not want to pay him rent in the official sense, because then he would have to pay taxes on it, right? At the same time, I don’t want to be left without any written agreement, in case things ever end badly (knock on wood, hopefully not). I don’t want a right of residence in that sense, but also not that he can change the locks at some point and I end up on the street without any recourse.

How would you proceed here? How do you arrange this fairly and… hm… legally binding?
 

guckuck2

2020-01-27 18:50:49
  • #2


Only a right of residence, (co-)ownership or a rental contract can help. Why should it be any different, after all, it is his house. Just put amount X more into the household budget and that’s that. But you do not acquire any claims with that, which you also do not do as a tenant. In return, you live cheaply.
 

Tamstar

2020-01-27 19:17:37
  • #3


Why do I have no claims as a tenant? I have the claim that I cannot be evicted without notice, or not?
I don't want any shares in his house, not now and not in the future, I thought I made that quite clear.

Amount X as compensation for his tax payment or what do you mean?
 

Joedreck

2020-01-27 19:17:58
  • #4
So if you have concerns like that, I would draw up a rental agreement. No one says how high the rent is. I could imagine that, according to the contract, you pay a mandatory one euro rent. Plus half of the additional costs and of course food, etc. The rental agreement can also include participation in renovations. You can have this checked by a lawyer, or not. Keep in mind: there is no shared lawyer. He is always the client of one party. Then you have 1. money left for your retirement provision. 2. a tenancy right with all rights and obligations. 3. not actively built up his assets.
 

guckuck2

2020-01-27 19:31:17
  • #5
What do you want then? You to separate and you continue living in his house? Hardly realistic. You should simply bear a higher share of the joint expenses, e.g. groceries or vacation are on you. Since he bears the housing costs alone. That would be a form of compensation. I thought that’s what it’s about? You will not receive rights to the property, whatever their form.
 

nordanney

2020-01-27 19:39:16
  • #6
And what do you do if the owner simply changes the lock? What you do is mostly theory. In practice, it works differently. Oh yes, if you have a rental agreement, about what exactly? It should reasonably cover the entire house – then you are a tenant and could simply change the lock and kick your ex-partner out of his house with the police. All nonsense. He buys, so he should also pay for the house. And that 100%. The interest is negligible anyway; most of the installment is HIS wealth accumulation, which you would be financing. Contribute sufficiently to living expenses and that’s it. No stress.
 

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