Transfer of land charge to third parties - financial impacts?

  • Erstellt am 2021-04-12 08:57:26

nordanney

2021-04-12 10:46:40
  • #1
As long as a land charge is actually registered for the grandmother, this is possible without any problems. But it doesn’t help him. His bank must receive the land charge. It must exist in the amount of the financing. So the house is debt-free?! The grandmother remains the owner? Then it is even more uneconomical. Someone will inherit the house and your husband will be stuck with the debts. The grandmother has to go to a care home and the house must be turned into money – what will happen to you in the house and what will happen to your debts?
 

Tassimat

2021-04-12 10:56:14
  • #2
I see many disadvantages:
- Grandma loses her house if your husband stops paying.
- The husband pays a loan but has no ownership of what he is building.
- In the event of inheritance, all heirs, including your parents, uncles, etc., inherit what you are building now. Nevertheless, your husband pays the loan.
- Is Grandma still mentally fit enough to oversee all the consequences this entails?

Have you already talked to the bank, do they give the green light?

Have you discussed the separation scenario? With ongoing insolvency, you cannot take over the loan. Are you sure you want all this? It all sounds very risky.

Grandma urgently needs to draft a proper will!
 

MonaRön

2021-04-12 11:14:28
  • #3
Okay, so there are three houses on this property, each has one (there are three heirs, my mom, sister, and me). I would get my grandma’s house because she is slowly but surely needing more care and would like us to start renovating and move in. She doesn’t get any money because of her age, I don’t because of my [Inso]. Therefore, the question is whether this could work with my husband. The whole situation is extremely complicated, and that’s why we are trying to find the best solution.
 

nordanney

2021-04-12 11:25:07
  • #4
So it is only one plot of land - no matter how many houses are on it. That means all three houses go down the drain if your husband can't pay. Or all three houses have to be sold for the grandmother's nursing home stay. Why not clean up properly now? Divide the plot into three parts. Then at least you only risk one house.
 

MonaRön

2021-04-12 11:56:00
  • #5
Okay, so I don't understand the problem now. It is already divided, but my grandmother still lives on my part and since I am in [Inso], she cannot give it to me currently. Also, "what if" was not asked here, but whether it is even possible. We are aware of what can happen, the question is only whether it is feasible. I think we will just put some money into it and get a professional involved. Thank you very much for your time.
Best regards
 

nordanney

2021-04-12 12:22:41
  • #6
You write that there are three houses on one property. Now you say that it is divided. So what now? One property with three houses or three properties each with one house. House and property are inseparable. If you inherit a property on which three houses stand, then not everyone owns one house, but each of you owns a share of everything. Since it is not yet clear what is actually supposed to happen, you should first familiarize yourself with the basics of property, house, ownership structures, loans, and securing loans. You are still confusing many things.
 

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