Who should sign the architect's contract?

Hello everyone,

My fiancée and I are currently planning to build on a plot of land that still belongs to my father. The plot will most likely be transferred to my ownership before the construction through a gift. Of course, my fiancée also wants to be partly listed in the land register, as she will also be involved in financing the property. This will probably also be done through a gift after the wedding, in order to avoid property tax/gift tax.

Now, the first two appointments with our architect have passed and we need to conclude an architect contract. For the time being, we will do this for service phases 1-4.

Now to the question: In the draft contract, both of us are named. Is this fair to my fiancée, considering that in the worst case of a breakup before the wedding, she might no longer be interested in the construction? Or are we worrying too much about this? Has anyone maybe been in a similar situation before?

Why is the property "most likely" transferred to their ownership? And why "probably" partially to your wife after the wedding?

With so much non-commitment (what a bad joke considering the hopefully still binding intention to marry – which you somehow already doubt again, since you could still separate before the wedding) I definitely wouldn’t sign anything if I were her.

By the way, to my knowledge she has no way to oblige you to transfer the property after the marriage. For that reason, if I were her, I also wouldn’t sign credit and construction contracts or would simply swiftly carry out the civil marriage and property transfer before the respective contracts.

Well, if there are justified doubts, only you ;) otherwise it would be naive to sign a financing agreement before it is recorded in the land register

Why will the property "most likely" transfer into their possession? And why "probably" partially to your wife after the wedding?

With so much vagueness (what a bad joke considering the hopefully binding intention to marry - which you somehow seem to doubt again since one can still separate before the wedding) I definitely wouldn’t sign anything in her place.

By the way, to my knowledge she has no legal means to obligate you to transfer the property after the marriage. In her place, I would therefore also not sign loan and construction contracts or simply push through the civil wedding and property transfer quickly before the relevant contracts.

First of all, Maria16, slowly now, I hear some bad experiences echoing in your answer.

"Most likely" may not be quite the right choice here. The property will, of course, transfer into my possession. (It would also be conceivable to register my fiancée right from the start for a certain part in the land register and use the gift tax exemption of 20,000 between her and my father. Hence the term most likely.)
"Probably" is not entirely wrong. Both spouses do not necessarily have to be listed in the land register. This is and has often been the case. But in our case, it will certainly be so that she will be included in the land register. We are quite aware of the respective pros and cons. But that is not what this is about here.
I also agree with the opinion of a quick civil wedding. Unfortunately, my fiancée doesn’t find that very romantic since there will be no church ceremony on our side. :D
This is not about loan and construction contracts at all, but only about an architect contract covering performance stages 1-4.

Well, if there are justified doubts, only you ;) otherwise she would be naive to sign financing before being listed in the land register

As I already said, this is not about financing at all. It is solely about the architect contract.
Construction contracts as well as possible loan agreements would of course only be concluded after the wedding.

Nevertheless, it is a legal contract. But okay if only you sign it

Then hopefully you will be more cautious with subjunctives towards her. ;-) And yes, I know people who started to separate three months before the wedding. Besides the obligations from wedding planning, you don’t need obligations from house planning on top of that. I just don’t understand the problem right now, why you don’t simply have her removed from the architect contract.