Abraxas
2018-04-27 14:43:15
- #1
Unless a partnership agreement (for a GbR according to §§ 705 Building Code, where there is the so-called settlement according to § 730 Building Code) has been concluded, two persons with initially joint pursuit of purpose (= housekeeping, i.e. without a partnership agreement) at least legally form a "community" according to §§ 741 ff Building Code. And for example, § 755 Building Code applies:
§ 755 Building Code - Correction of joint debt
(1) If the partners are liable as joint debtors for an obligation which they have to fulfill according to § 748 in proportion to their shares or which they have entered into for the purpose of fulfilling such an obligation, each partner may demand, upon dissolution of the community, that the debt be corrected from the communal object.
(2) The claim may also be asserted against special successors.
(3) Insofar as the sale of the communal object is necessary to correct the debt, the sale must be carried out according to § 753.
Another question:
Is there a loan agreement with the ex-girlfriend?
There is the joint loan agreement from the bank, that is all. And of course the purchase agreement from the notary.