Snowy36
2021-09-13 21:38:09
- #1
This regulation is great, but you would have to somehow notarize it?! And then they come again with the nonsense that this only works if one lends the other the €100K mentioned in the example, which fortunately is not allowed to be interest-free by the tax office... A notary once sent me a proposal, where I nearly fell off my chair... she actually wrote in there that I would have to repay my husband the entire loan amount within a very short time in case of separation... Which can quickly become a problem in case of a loss on the house sale.This is not quite the practice in reality. Of course, there is the joint accrued gains, but even after a separation following 40 years of marriage, the initial assets are still determined and appropriately considered or deducted. The same applies to an inheritance from the parents received during the marriage. I personally find the regular community of accrued gains very fair. (I only find prenuptial agreements important in the case of business foundations and self-employed persons.)
I think it should be designed exactly the same way here as in marriage. There is the current value of the property as of today, and in case of doubt, this must be settled later. Example: The property is worth €100,000 today. In a separation in x years, the man receives €100,000 + x/2, the woman receives €0 + x/2. (x can also be negative: depreciation and prepayment penalty to the bank if one cannot keep the house alone and has to pay out the other.) In the land register then each owns 50%.