Triple entry in the land register

  • Erstellt am 2015-06-09 16:30:18

blecko1985

2015-06-09 16:30:18
  • #1
Hello dear users I am new here in the forum

I have the following question:

I plan to buy/take over a house from an acquaintance in the next few days,

he is currently going through a divorce and can no longer pay the monthly loan installments.

For this reason, they want to transfer the house to me and I will pay a small settlement.

Since the loan is supposed to continue under the names of both ex-spouses, both will be listed with me together in the land register. My question now is whether it would be possible for one of them

to take out a loan or something similar on their share of the house, since according to the land register they are still co-owners. Or whether problems could arise if one of them experiences liquidity problems, meaning garnishment/foreclosure.

They will only be removed from the land register after 7 years, as the loan will only be paid off then.

For this reason, I want to protect myself.

Thank you in advance for your answers

best regards
 

toxicmolotof

2015-06-09 17:27:13
  • #2
Don't be naive and don't do it in the proposed way.

Rather, it may be an option to take over the existing loan 1:1 for the remaining term and become the sole owner.

I don't want to be listed in the land register with partners who are getting divorced. Not even if it is my own divorce.

You need professional advice and a plan.
 

blecko1985

2015-06-09 17:29:28
  • #3



Thank you for your answer. My question is focused on this:

It is still registered with 7 years, let's say she would have to file for private insolvency, would her part then be gone in the land register, meaning subject to seizure?
 

toxicmolotof

2015-06-09 17:37:09
  • #4
Yes, theoretically for this share. Whether such a measure is appropriate (seizure amount?) is ultimately decided by a court in case of doubt after a lawsuit.

Until then, you will have some more gray hairs.

So, hands off.

Who says the 7 years have to stay?

If the spouses decide to sell the property, the loan including the land charge can be terminated. In return, a VFE is due which someone (the spouses or you, depending on the agreement or settlement of the remaining purchase price) has to pay. In return, you get a nice new and current condition.

You see, there is more behind this than just a regulars' table thought on Monday evening.
 

lastdrop

2015-06-09 17:43:37
  • #5
What is the point of the whole exercise?
You pay money to be in 3rd place?!
 

blecko1985

2015-06-09 17:54:08
  • #6
Hello toxicmolotow,

Thank you thank you for your response. As I said, I would then also be listed in the land register with a certain share, but if one were to become financially insolvent within the 7 years so that private insolvency had to be filed (often the case with divorces), then the share would also be subject to seizure, no notary can guarantee or confirm or rewrite that in the contract, no one can give this guarantee.
 

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