Purchase land + build a single-family house - not married

  • Erstellt am 2020-05-03 19:08:10

Obstbaum

2020-05-03 19:08:10
  • #1
Hello,

my girlfriend and I intend to buy a plot of land in a few weeks and then build a single-family house on it. We are not married yet, and this will remain the case before the purchase and the subsequent construction.

Therefore, the question for us arises as to the legally clean and fair arrangement of this joint investment. We will also seek notarial advice on this. To be prepared for the notary appointment, we would like to know how this is usually handled.

The land purchase and the subsequent construction (estimated total costs 500,000 EUR – very realistic in our region) could theoretically be financed with own funds. However, I assume that a KFW 55 house will be achieved, so that taking out the KfW-Energy-Efficient Building loan No. 153 will be worthwhile.

Roughly speaking, the use of own funds will be distributed approximately as follows:
Person 1: about 2/3 of the costs
Person 2: about 1/3 of the costs

How can this be solved fairly for both parties in the event of a separation?
The goal in such a case should be that one person pays out the other's contributed share and that this sum is recorded so that there can be no discrepancies in the event of a possible payout.

1) A partnership agreement in which the total costs and the contributions made by each are recorded?
2) Partnership agreement then notarized?
3) Purchase of the land initially each half (both owners recorded in the land register with 1/2 each) and after completion of the entire investment then correction of the ownership shares according to the capital invested in relation to the total capital (e.g., then ownership shares 1/3 and 2/3)?
4) Or are the ownership shares recorded in the land register irrelevant if a partnership agreement is drawn up in which the respective payout amounts (which will very likely be different) are recorded?

How have you solved this?

Thank you very much for the answers
 

Müllerin

2020-05-03 19:43:20
  • #2
I would have it entered as 1/3 and 2/3 right away, and then pay proportionally if the money is already fully available. Why bother with expensive transfers and extra contracts then?
 

Tassimat

2020-05-03 20:09:25
  • #3
The situation is quite comfortable, but can each of you pay the others? In case of doubt 2/3 plus potential appreciation? And if children come into play, a quick move-out and payout is not possible anyway.

I am not against the idea of making proper contracts, but the desire is always that after the separation everything is transferred quickly and then it's over. A bit of that also reads here. In reality, all of that will take a long time (!). And if one blocks, it will still take years.

I would simply register the 1/3 and 2/3 in the land register.
 

Joedreck

2020-05-03 20:15:24
  • #4
How about if everyone pays 1/3 and 1/3 is financed jointly? That way, everyone has contributed the same, the house and land belong to each person half, and a right of first refusal can be granted in the land register.
 

Libero5

2020-05-03 20:42:14
  • #5
Anyone who has 500k in cash can also put down a thousand for a proper lawyer and have it worked out cleanly.
 

Pinky0301

2020-05-03 21:16:33
  • #6
We also had shares of different sizes registered in the land register, as only one person contributed equity.
 

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