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

Why do you put the claim in quotation marks? You own half the house and if I understood correctly, she waives any increase in value since her purchase from the predecessor and only wants to break even on the matter. And it is not so easy to make her decision, if the two do not agree on a buyout price, he has to sell (or both together).

Why do you put the claim in quotation marks? You own half the house and if I understood correctly, she is waiving any increase in value since her purchase from the previous owner and only wants to break even. And it’s not that simple to make a decision; if the two don’t agree on a buyout price, he has to sell (or both together)

Because she doesn’t really have a proper claim to the 25k. The money was basically handed over with a handshake and isn’t recorded anywhere. That’s why the question arises what speaks against arranging exactly those 25k with her in the same way, namely paying her in installments outside of the bank. And does he really have to sell??? Half belongs to him. What he does with it is none of her business. She’s in a bind because she has a loan on her back that she would like to pass on to him. In the end, she only has the option to sell her half externally or come to an agreement. And that’s exactly where he can make a move. He takes over her part of the loan (as long as the bank agrees) and pays her off the 25k in installments.

Look at post #18, the legal basis is explained there. Apart from that, the money was not handed over "by handshake" but by notarized purchase contract, as required in real estate sales - however, you are right on this point, these 25k are strictly speaking irrelevant. What matters is what the house is worth today minus the encumbrance on it. If the assessment of the OP from the opening post is correct, she would therefore be entitled not only to the demanded 25k but to 50k-70k. Nice of her not to demand that.

It is what it is: it is fair, so you don't have to be unfair yourself. Even if the structure were different... that would be "lower level" again if you negotiated differently there.

Time is working a bit in your favor.

The fixed interest period of the KfW loan ends by 2021 at the latest, and the 15-year loan has a special termination right after 10 years and 6 months without a prepayment penalty, right?

My plan would be to look for a forward loan over 36 months (just for you) for the entire remaining debt +25k to be paid out. Once you have found a bank, you make a notarized purchase contract with your girlfriend and the payment is made in 2021. That would be the "simple" part.

Then you just have to convince your ex to sit out the 3 years and sweeten the waiting time for her, e.g. with interest on the 25k. Either in advance, ongoing, or retroactively.

And if the installment loans are still running then, repay them immediately with the new loan as well.

What solution have you found in the meantime?