Property debt-free - Loan on man?

  • Erstellt am 2021-09-13 06:45:38

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.
 

Tassimat

2021-09-13 22:24:48
  • #2


If you get married before the purchase, all this happens 100% automatically, no notary is needed. I also don't understand where you see a 100k loan in the example, because it is not necessary at all in the first place. At most, it would be to avoid gift tax between unmarried partners (I believe 9,000€ in this example). But that would only be a 50k loan for 50% share of the 100k property.

Anyway, when separating, there are two ways:
1. Sell the house: That leaves enough money to pay everyone out. The property equity is inside (ignoring prepayment penalties, devaluation, etc.).
2. One takes over the house. Here the other has to be paid out. But if the separation happens in year 0, it would be 0€ to the woman if the man takes over the house and the loan. And only over time does the woman get (house value - remaining loan - man's initial 100k equity) / 2. Whether that is 50k, 100k, or even 300k depends on the duration and remaining debt. If the man can’t afford that, see point 1.

You should be able to manage this the same way as an unmarried couple, or does anyone know reasons against that?
 

Snowy36

2021-09-13 23:19:16
  • #3
Then it is just a 50k loan … since the man “lends” the woman according to the notary the half of the property … which she would otherwise have had to finance …
 

HilfeHilfe

2021-09-14 06:43:12
  • #4
As a woman, I would insist on being entered in the land register. Everything else is nonsense.
 

Schimi1791

2021-09-14 07:16:00
  • #5

Under a civil law partnership (GbR), extensive rights and obligations can be imposed on the persons involved, as long as these do not violate laws and are not immoral. In this case, simply going to a notary helps. A GbR is not "rocket science" and, for example, is also explained in betting pools so that there are no disputes later if a prize is due.

A marriage without a marriage contract automatically results in a community of accrued gains, which was explained in detail above:


In a marriage, a separation of property can also be agreed upon, or even an agreement in between is possible, since separation of property also has disadvantages. Any contract can be adapted to the circumstances.

It also depends on the "willingness to take risks" of an individual which type and content of contract he chooses.
 

däumchen11

2021-09-14 14:57:33
  • #6
Isn't it possible to somehow have a 60% man - 40% woman share in the land register so that the costs are more or less "equal"?

It doesn't have to be exactly the same down to the cent in the end - I also think that in a relationship/marriage one or the other sometimes spends more. But if it roughly fits, it should be okay.

If I were a woman and paying off the loan and included in the loan, I would also want to be listed in the land register.
 

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