Real estate purchase in community of accrued gains

I just thought of something

so you can also do it very simply:

M contributes 400k to the property
M gives F a 200k interest-free loan for the property! (which is simultaneously notarized)
F thereby contributes 400k to the property

thus 800k = purchase price covered.

F signs for the loan at the notary (200k) stating that in case of a divorce it belongs to M and is therefore deducted from the proceeds.

The property is sold for 1000k
each is entitled to 500k, but since F still owes M 200k, M receives 700k, F 300k!

so if the assets were 800k BEFORE the marriage, and after the marriage in case of divorce they are 800k, where did the woman gain 200k???

Read my post. It’s not about what the assets were JOINTLY, but what each individual had and what gain they made.
F entered the marriage with only 200, M with 600. If the house valued at 800 then belongs to both equally and is sold, each receives 400 in their own account (counting cash is easier). So F then has 200 more than at the start of the marriage.

so in case of divorce, ALL assets are added up!
So real estate, all accounts, also pension accounts, private retirement provisions, etc.

Wrong. The asset and debt positions are calculated for F and for M, but not combined. Otherwise, you can’t determine personal gain.
Pension accounts as well as occupational pensions or pension insurance policies do NOT enter into the gain. That is then the pension equalization.

i.e. often there are transfers from pension accounts etc. if, for example, no assets have been accumulated in 10 years of marriage, but M has always worked and diligently paid into his own retirement provision.

As said, that is the pension equalization. It has absolutely nothing to do with assets. It can be that F has to compensate M for gain, but M has to transfer parts of his pension to F. The pension equalization is carried out by the court by law. The gain equalization is not.

so in case of a divorce, ALL assets are added up!
That means real estate, all accounts, including pension accounts, private retirement provisions, etc.

From this, the "PRE-MARITAL" assets are deducted, and what remains is split 50/50.

I thank you for your willingness to help here, but at this point a warning to all readers that this is misinformation. Until recently, I also thought it worked the way you described. But it is a misconception that could have very costly consequences. The assets are determined separately.

therefore post no. 13


so act according to post no. 13, or regulate everything contractually!

I just thought of something

so you can also do it very simply:

M contributes 400k to the property
M gives F a 200k interest-free loan for the property! (which is notarized at the same time)
F thereby contributes 400k to the property

That could actually bring about the desired result, I’m just not sure what other pitfalls might be lurking there. Taxes etc.

That could actually bring the desired result, I'm just not sure what other pitfalls might be lurking there. Taxes etc.

Problem solver causes more problems

well, if you are married, it shouldn't be a problem with "monetary benefits." Because then it would be an "endless loop," since if you earn interest (income) from it, half of it goes back to the spouse (community property)…. and then you go round even more