Taking over half of the house after separation - questions about options

  • Erstellt am 2018-04-27 09:43:19

HilfeHilfe

2018-04-27 12:21:35
  • #1


works only with a classic sale. But there is also the risk that the bank will not co-finance it and a subordinated financing is needed. Classic KO when reading about these encumbrances here...

The bank must agree to release from liability.
 

Musketier

2018-04-27 12:30:32
  • #2


Granting this approval probably makes it easier for the bank if the debtor does not additionally request €25,000 from the bank. That’s why the idea to raise the loan elsewhere (e.g., from the ex-girlfriend), more or less as a replacement for equity. The ex-girlfriend certainly will not do this for the full €25,000 and without collateral. On the other hand, she is interested in getting out of this situation as quickly as possible and will reluctantly speculate on a sale/auction. Therefore, the idea was €10,000 immediately and the rest in installments, and in return offer her the second rank as security in the land register.
 

Abraxas

2018-04-27 13:10:04
  • #3
Thanks to all of you first. Any other ideas?
 

Fuchur

2018-04-27 13:40:10
  • #4
To steer the question in a different direction: On what legal basis can your ex-girlfriend demand the immediate purchase of her ownership share?

She entered the financing as an owner and borrower. I understand that she does not want to continue servicing the loan herself due to lack of residential value. I also agree that she might possibly have a claim to that. But beyond that?

That she no longer wants to have anything to do with you and the house may be understandable on a purely human level, but nothing more.
 

Maria16

2018-04-27 14:27:52
  • #5
Hm, if I were the ex and someone told me that I should just be liable for a few more years... wouldn't it be worth considering selling my share to a third party?

I wouldn't consider either one to be the proper English way!
 

Otus11

2018-04-27 14:40:42
  • #6


Unless a partnership agreement (for a GbR according to §§ 705 German Civil Code, where there is the so-called settlement according to § 730 German Civil Code) was concluded, two individuals with a previously common purpose (= managing the house, i.e. without a partnership agreement) at least legally form a "community" according to §§ 741 et seq. German Civil Code. And for example, § 755 German Civil Code applies:

§ 755 German Civil Code - Adjustment of a Joint Debt

(1) If the partners are jointly liable for an obligation which they have to fulfill in accordance with § 748 according to their shares or which they have entered into for the purpose of fulfilling such an obligation, each partner may demand the adjustment of the debt from the joint asset upon dissolution of the community.

(2) The claim can also be asserted against special successors.

(3) Insofar as the adjustment of the debt requires the sale of the joint asset, the sale must take place in accordance with § 753.


Another question: Is there a loan agreement with the ex-girlfriend?
 

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