Recording payment flows of an unmarried couple

  • Erstellt am 2019-12-27 19:49:34

Fuchur

2019-12-27 22:39:49
  • #1
You can buy her small share - provided she sells it. You can't force her, after all, it is ownership of land and house, not just a debt.
 

Tassimat

2019-12-27 23:10:21
  • #2


The nasty thing is always that the girlfriend only owns 1/6 of the shares, but like you she has to be liable for 100% of the financing amount. Not so cool.

Regarding the separation: If you can't manage the house alone now, of course the money is missing to "buy out" the shares or to pay her off. Additionally, the bank does not release the lady from the contract despite separation. I think as of today I would only enter such a contract from the woman's perspective with a clause that in the case of separation it MUST be sold so that she is released from the loan. Or 50:50.

I haven't read a really good solution here in the forum yet. What seems fair today in relation to contributed equity becomes inevitably unfair after raising children at the latest. Strictly speaking, the woman then does not earn money. The argument with children has already been made. But maybe the woman will eventually earn more than you.

€50,000 is a lot of money, but in relation to houses also relatively little. Despite this difference, I would not make a big deal out of it and simply divide the shares 50:50 classically, even if you are effectively giving away €25,000 to the woman. You could voluntarily do without the grandmother's special repayment (how high would that be?) and wait for the inheritance. The inheritance is excluded from marital gains even within marriage, so it stays with you.
 

hampshire

2019-12-28 04:00:44
  • #3
No, that's not what I mean And that's why I don't write it. It is not advice, but a statement. If I am to give an opinion and advice, then: Opinion: We assign too much importance to money and worry about things we wouldn't if we weren't doing so well. Sometimes we forget to live in the process. Advice: None on this matter.
 

HilfeHilfe

2019-12-28 04:49:10
  • #4
That's how it looks. Upon separation, a house sale will possibly be necessary or the lady will remain liable and owner.
 

11ant

2019-12-28 13:01:55
  • #5
The OP has somewhat gotten his set of questions confused:

Short and clear: entering, for example, the girlfriend in the land register at the end of each year (almost like interest in a savings account), indicating how much repayment contribution she has made up to that point and – which is presumably the idea – has thus acquired a sort of moral share of the property, will not only create disproportionately high notary fees, but will also neither appropriately nor practically reflect her liability risk for having to repay the loan. The constellation of marital status (cohabitation without marriage or marriage certificate) is more of a minor detail in evaluating the basic concept than a bad idea. Nevertheless, would, in my opinion, be right with the assessment that in the case of marriage at least the legal level could rather rely on a standard tool from the shelf.
 

guckuck2

2019-12-28 16:28:51
  • #6
It would be clean if she simply pays rent. She does not acquire ownership, no gifts take place, and the rental income can be considered in the real estate financing. Disadvantage: rental income is taxable.

Otherwise, I don’t see a smart way. If she participates in the financing, it would be unpleasant not to put her in the land register. She doesn’t have to have 50% co-ownership. Then you can also have a right of first refusal granted for her share, so that you can buy her out if there is a separation.

Get advice from a notary and/or tax advisor.
 

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