Dear forum members,
I have a few initial questions about building a house...
About us: I am female, 24 years old, and my partner is male, 26 years old. We are unmarried and have no children. We currently live in a rental apartment (around 100 sqm (1,076 sq ft), 560€ rent including utilities). My boyfriend is still in training but will earn about 2,200€ net per month starting in March 2018. As for me, I have been fully qualified for six years and have a permanent job. I earn about 1,600€ per month.
We want to convert a barn on my father-in-law’s property into a residential house... We do not plan to get married.
I do not want to pay "rent" to my boyfriend but would prefer to contribute to the loan as soon as possible. What is the best way to arrange something like this?
I would also like to know how to best protect myself contractually in case of a separation. Marriage is not planned, at least for the time being.
I should also mention that my boyfriend’s father is a trained bricklayer and would pay for the shell construction. A lot of the work on the house could be done ourselves.
Thank you very much 🙂
I have a few initial questions about building a house...
About us: I am female, 24 years old, and my partner is male, 26 years old. We are unmarried and have no children. We currently live in a rental apartment (around 100 sqm (1,076 sq ft), 560€ rent including utilities). My boyfriend is still in training but will earn about 2,200€ net per month starting in March 2018. As for me, I have been fully qualified for six years and have a permanent job. I earn about 1,600€ per month.
We want to convert a barn on my father-in-law’s property into a residential house... We do not plan to get married.
I do not want to pay "rent" to my boyfriend but would prefer to contribute to the loan as soon as possible. What is the best way to arrange something like this?
I would also like to know how to best protect myself contractually in case of a separation. Marriage is not planned, at least for the time being.
I should also mention that my boyfriend’s father is a trained bricklayer and would pay for the shell construction. A lot of the work on the house could be done ourselves.
Thank you very much 🙂
B
Bieber081523 Aug 2017 17:34I don’t want to give life advice right now, but I can try to clarify a few points (among other things).
The cleanest way would be:
:-)
- There is generally a distinction between possession and ownership (a book from the library is in my possession, but the library owns it. I am the possessor of the rented apartment, but not the owner).
- Houses are always an inseparable part of the land they stand on. The owner of the land is also always the owner of the house. Ownership of the land belongs only to whoever is registered as such in the land register (this can also be partial, e.g., 50% father-in-law, 50% mother-in-law).
- Parents are free to gift a plot of land to one child, even if there are other children. Only if an inheritance case occurs within a certain period could a reevaluation take place. Family matters (conflicts, jealousy on one side – cash payments under the table on the other) are excluded here.
- Unmarried partners are legally strangers. Without a (rental) contract or land register entry, there is a realistic risk of ending up with nothing and on the street in case of separation.
- For married couples, property is not automatically acquired, but in case of separation (only then!) the increase in value is divided.
- Gifts to a spouse (such as the parental house) can be excluded from the division of increased value --> Here, specific legal advice would be necessary.
The cleanest way would be:
- The parents’ land is divided (--> notary as the point of contact)
- The subdivided plot is gifted to the son
- The son builds a house on it with you
- You marry in the meantime, run a joint household with a shared budget, and grow old together.
:-)
Bieber0815 schrieb:
- Houses are always an inseparable part of the property they stand on. The owner of the land is always the owner of the house. Only the person registered as the owner in the land registry holds ownership (this can be shared ownership, e.g., 50% father-in-law, 50% mother-in-law).
I have to step in here. I can’t confirm that. We have a house on leased land. The house belongs to us, but the land does not.However, I would advise against building for now. For the time being, you can start saving and making plans. If you still want to build in five years, that’s great. By then, you will have some equity and perhaps even marriage plans, etc. Then the situation looks completely different, and banks tend to be much more accommodating.
If the father-in-law wants to build, that is initially his responsibility. Don’t get caught up in dreams that aren’t necessarily yours. A home loan ties you down more than a prenuptial agreement. If you are still hesitant about marriage, the loan should really discourage you even more.
B
Bieber081523 Aug 2017 18:49kaho674 schrieb:
I have to step in here. I can’t confirm that. We have a house on leased land. The house belongs to us, but not the land. Yes, of course, you are right. It is different on leased land. Generally, when the lease agreement ends, dismantling is required (for example, with garden sheds on leased gardens). As far as I know, there is no entitlement for the lessor to purchase the house. On the other hand, the lessor has the right to get back the undeveloped land. In the end, you can take your house with you or demolish it, but you cannot sell it for profit.
For what you have in mind, the plot needs to be divided. Both of you should be registered as owners of the separated part in equal shares. For the loan, both of you must be listed as borrowers.
But if you separate... that will cause a lot of stress.
If you do separate, you probably won’t continue living there anyway, so it all makes little sense.
But if you separate... that will cause a lot of stress.
If you do separate, you probably won’t continue living there anyway, so it all makes little sense.