Register the mortgage only on 50% in case of two owners?

My father-in-law has the arrangement with his ex-wife. Because of this, his property is practically unsellable unless she agrees.

If you want to get in there, then buy the mother's share cheaply, you take her place, and you renovate the place. In for a penny, in for a pound. If she also wants to live there, you can grant her a lifelong right of residence without rent, in exchange for which she transfers her share for a nominal euro.

Why does the mother reject the plan? Does she live in it?

How about buying the mother's half from her and she moves into a nice apartment?

The 65-year-old mother, physically frail, is not very enthusiastic about it.

What does "physically frail" mean? Maybe she can be enticed by the advantages of an (accessible) city apartment: elevator, short walk to the supermarket, doctors, etc.

Is the house part of a community of heirs? Then everyone is liable for all obligations, current ones such as water/electricity/taxes and duties of traffic safety, and future ones such as loans.

Hello,

so the banks register a land charge on the property, meaning the property is liable to the bank (+ everything on it = house).

if your wife owns 50% of it, and 50% belongs to the mother, then all owners of the land must agree to the registration of the land charges; without consent no land charge, without land charge no loan.

the loan can then run only in your name, meaning the mother has nothing to do with it (only the property is liable, which you own 50% of) i.e. if something goes wrong and you then have €300,000 debt on it, but upon realization there is only €250,000, then the property (with house) is gone = the mother has nothing left... and as said, if proceeds are less than debts, then you still have debts on top...

just a brief explanation.


and I am a friend of "clear situations" meaning, as already described here, what speaks against buying the 50%? then you would have to take out a higher loan, with the money the mother could possibly buy a small, age-appropriate condominium?

I would first clarify the possibilities with the mother in conversation, everything else comes afterwards...