Who signs the prefabricated house purchase contract?

  • Erstellt am 2013-06-04 14:07:58

blümchen38

2013-06-04 14:07:58
  • #1
Hello everyone, I am new here and have a question. We, my partner, our son and I (we are not married yet) want to build next year. My husband has mostly taken care of the financing for the land we bought half a year ago. I am included in the purchase contract of the land. Do I or should I co-sign the purchase contract for our planned prefab house? If I am not included, then the house "belongs" to me either way or does everything look different anyway because we are (still) not married? Or should I better not sign to avoid being responsible for the high loan debts in case of an emergency. Thank you very much!
 

Wastl

2013-06-04 14:18:35
  • #2
Respect,... Building together? Then also bearing liability together? You write with many subjunctives. If you are unsure, I would go to a lawyer and have a partnership agreement drawn up that regulates property and liabilities in advance.
 

blümchen38

2013-06-04 14:25:35
  • #3
Thank you for your posting. However, my question has not really been answered.
 

nordanney

2013-06-04 15:18:46
  • #4
Hello, first of all, it is completely irrelevant whether you are married or not (at least for the [property/house] ;)). If you bought the [property] together with your (future?) husband, you are registered as co-owner in the land register (according to however you have divided the shares). If a house is built on the [property], you will also become (co-)owner of the house - regardless of who signs the purchase contract. In case of separation, it gets interesting... I am always a fan of clear decisions. If you are supposed to/want to become co-owner of the house, then you also have to sign the loan agreement together with your husband. If you want to stay out of it for now or are unsure about your joint future, then transfer your share of the [property] to your husband and let him take out the necessary loans alone (provided he can manage the financing on his own). However, my remarks can only be initial tips, as I cannot assess your financial situation or who is contributing equity to the house construction (it would be unfortunate in case of separation if you contribute equity but the house only belongs to your husband). There are many points you need to clarify for yourselves. Alternatively, go to a notary and have all conditions properly regulated by contract.
 

ypg

2013-06-04 15:55:58
  • #5


But that is already somewhat contradictory and, in my opinion, also wrong.

Well, if I already point out that it is wrong, I must also have an answer ready.... :)
But even I do not know exactly, I just conclude logically:
Who the loan is in no way affects ownership.
The contract for work and services is a contract between the construction company and the client, which in my opinion also has nothing to do with acquisition.
With purchase contracts I am uncertain, nevertheless...
counts:

Whoever is registered in the land register, owns it!
Since the house is linked to the property, the house must belong to whoever is registered in the land register.

So in your case both of you. Everything belongs to both of you... no matter who contributed more or less.

For later security, one should consider either getting married (possibly pension rights) or drawing up a contract.
But everyone must handle that individually ;)
 

nordanney

2013-06-04 16:24:51
  • #6
Hello ypg,

it is meant the way you wrote it (perhaps ambiguously written). Both have bought the property = joint ownership in the land register. Whoever signs the contract for the house now is irrelevant, as it is being built on the joint property (= joint ownership).
The signature on the loan agreement refers to my personal opinion to make clear decisions. Joint ownership = joint debts (I find that fair).

Now my contribution might be more understandable...
 

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