Transfer property according to share

  • Erstellt am 2016-12-10 09:31:05

Pacey82

2016-12-10 09:31:05
  • #1
The following situation: The builder brings the land and amount X into the marriage. The building partner has amount Y. Both sign the loan and commit XY % of their net income for the financing. The builder's salary is one-third higher than that of the building partner.

The builder now wants to transfer a share of the land (and thus also of the house) to the building partner that corresponds to her contributed amount plus the loan repayments. How exactly is this calculated so that both receive what they contributed in the event of a possible separation?

I hope the problem was understood ;)
 

Pacey82

2017-02-25 11:41:14
  • #2
Does really nobody have the same problem?
 

Maria16

2017-02-25 18:55:13
  • #3
Well, I wouldn’t have co-signed a loan as long as the finances weren’t sorted out or I didn’t own any part of the property. Since it’s too late for that now, I would kindly urge you to discuss everything thoroughly. In my opinion, that also includes the question of how to handle it if [Baufrau] takes a year off (or even longer) due to children and therefore can no longer contribute her share financially. Should that even be taken into account? Or does it not really matter that she pays less if you agree that she should take time off for childcare? Should she get all the money she invested back? Or only part of it, so that she has basically paid rent since she has a roof over her head? What happens if you separate before the loan is paid off and she hasn’t paid the full amount? As you can see, there are too many factors to consider and are so individual that I can’t give you an answer with fixed percentages. If you absolutely want to split it by percentage (different from 50:50), I would possibly base it only on the equity invested and leave out the repayment payments, since either one of you could drop out as a payer and you’d have to pay rent anyway if you weren’t building.
 

77.willo

2017-02-25 20:47:32
  • #4
The repayment takes place within the marriage anyway. Therefore, there is only the family income.
 

Maria16

2017-02-25 20:51:40
  • #5
I believe, for the OP, everything (at least mentally) still runs over separate accounts. ;-)
 

77.willo

2017-02-25 22:02:09
  • #6
But then a prenuptial agreement is needed and no land registry entries.
 

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