Property debt-free - Loan on man?

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Alternatively, no division is made at all and he remains 100% owner. But then he also has to take on 100% of the financing.

It potentially becomes problematic if the woman sacrifices part of her income due to child-rearing, etc. We recently discussed this topic here, didn't we?

Hello, here is the situation: He has a property (debt-free - value about 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. (Nursing home, regularly receives mail regarding income declaration - together we would "earn too much") Of course, we want to consult a lawyer to be on the safe side. The house will be "too big" for a "normal" family (not to sound arrogant) - if this matters regarding parental support. What interests me a lot is whether there is a way to represent the matter cleanly without land registry entry. A question that always comes up: should the loan contract be only in the man's name? But then I am not sure how to represent this properly - in case of separation, only one person ends up with the debt. Thanks and regards MM

In the event of a separation, he ends up with the debts but also with the house! She then has nothing! It seems to me here you only see the whole thing from your male perspective... try putting yourself in the other's shoes...

It potentially becomes problematic if the woman gives up part of her income due to child-rearing, etc.

That can be resolved after the wedding or at the latest when having children, for example by him transferring half of the house to her (which costs almost nothing except the notary and land registry fees). It’s impossible to satisfy everyone perfectly. One or the other will always be better off. But in the current phase — unmarried and childless — my proposal is the fairest. Adjustments can be made later.

I would initially also make it dependent on whether she gets into the loan contracts or not. As soon as she participates in the repayment, in my opinion, she should also be registered in the land register. The co-ownership share can then be made dependent on the ratio of land / house value.

PS: Scout was faster

Tassimat even faster ;)

Principle: for what you sign a loan for, there must also be a consideration – here it is an entry in the land register. No land register, no financing. That’s how I personally see it.

The difference between the value of the property or land register can be settled in a private contract. Meaning: if the relationship breaks up in 5 or 7 years, then the house goes to him. She moves out! Her monthly contribution to the loan is then to be seen as rent-like.

If children come, you commit yourself and waive this arrangement for the sake of the family and the partnership. After all, because of the time spent raising children, there is a completely different time calculation.
When considering the number of years, one must reasonably regard the relationship and the value of the house. At some point – my personal opinion – the initial kudos (is that what it’s called?), that is, the man’s advantage, expires: after a certain relationship period, separate money or private “assets” no longer count. It becomes mine and yours to “ours” – no matter how much each has contributed or not.
I consider 10 years already too much.

When it comes to the number of years, one must reasonably consider the relationship and the value of the house. Only at some point – my personal opinion – the preliminary laurels (is that what you call it?), meaning the man's advantage, expire: after a certain length of the relationship, separate money or private "assets" no longer count. It becomes mine and yours into "ours" – regardless of how much each has contributed or not. I consider 10 years already too much.

This is not quite the lived practice. Of course, there is the joint increase in value, but even in a separation after 40 years of marriage, the initial assets are still determined and taken into account or deducted accordingly. The same applies to an inheritance from the parents that one receives during the marriage. I personally find the regular community of accrued gains very fair. (Prenuptial agreements, I think, are only important for company formations and self-employed persons.) I think it should be possible to organize it here exactly as in marriage. There is the current value of the property as of today, and it must be possible to settle this later if necessary. Example: The property is worth €100,000 today. In a separation after x years, the man gets €100,000 + x/2, the woman receives €0 + x/2. (x can also be negative: depreciation and prepayment penalties to the bank if one cannot keep the house alone and buy out the other.) Each then has 50% in the land register.