Property debt-free - Loan on man?

  • Erstellt am 2021-09-13 06:45:38

Michlhausbauaa

2021-09-13 06:45:38
  • #1
Hello,

the following situation:

He has a property (debt-free - value approx. 25% of the entire construction project
She has "nothing"

how do you fairly divide things as an unmarried couple?

we want to get married in the next few years, but with a prenuptial agreement because of her obligations towards her parents. ([Pflegeheim], she regularly receives mail for income disclosure - together we would earn "too much")

of course, we want to get advice from a lawyer to be on the safe side.

the house will be "too big" for a "normal" family (without sounding arrogant) - should this have any impact regarding parental support.

what also interests me a lot is whether there is a way to reflect the situation properly without an entry in the land register.

a question that always comes up: the loan contract only in the man's name? although I am unsure how to properly represent this - in case of separation only one would be left with the debt.

Thanks and regards
MM
 

Tom1978

2021-09-13 07:33:03
  • #2


Now I'll come with Ponisch tradition :-) Normally, you don't just marry the woman, but the whole family. Through this, you not only have rights but also obligations. The approach has a bitter aftertaste.

And as a woman, I wouldn't marry in this case. Because the land belongs to the man and therefore also the house. She absolutely must be entered in the land register, otherwise she makes herself very dependent on the man.
 

Schimi1791

2021-09-13 07:45:48
  • #3
I think this needs to be viewed more nuanced.
 

Tom1978

2021-09-13 07:49:16
  • #4


Sure. Great for the man, he can always kick her out because it’s his property. Bad for the woman... In my opinion, that would be the nuanced view. When you marry, it’s usually forever, and I think assets should be shared. Unless you’re unsure and don’t trust the person, then you shouldn’t marry.
 

Schimi1791

2021-09-13 07:55:22
  • #5

Basically, there would be the possibility to establish a civil law partnership (GbR). To what extent this is "clean" would, however, be a question of further circumstances.
 

konibar

2021-09-13 08:30:49
  • #6
If it is or becomes joint property, the ownership share division is registered in the notarized purchase agreement anyway. Almost any share variant can be specified there. A private contract for possession allocation is also quite common.
 

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