Hello dear forum members,
We are currently facing the decision to buy a house together. Since this situation is not very common, there are unfortunately only a few examples online, so I really hope you can help us.
Here are some important details for better assessment:
Apartment 1:
- approx. 40% of the total living area
- Condition: in need of renovation and refurbishment (from the 1950s)
Apartment 2:
- approx. 60% of the total living area
- Condition: attic converted in 1983, upper floor move-in ready but with 80s/90s style (uPVC windows, fitted kitchen from 2008)
- Also requires renovation, but is move-in ready in contrast to Apartment 1
Plot of land:
> 2,000mÂł (divided across multiple parcels), but about 90% designated as a landscape protection area on a slope and was therefore hardly considered in the purchase price according to the real estate agent
No declaration of division exists yet, but we plan to arrange this in the future
The plan was to split the living area in the purchase contract on a 60:40 basis, with the remaining areas shared equally at 50:50.
According to the notaryâs feedback, this apparently isnât possible; instead, we can only buy with a 60:40 split and additionally agree on joint usage rights. The only option would be to exclude all land parcels and then split 50:50 â which would lead to an increase in the proportional purchase price for Apartment 1.
The 50:50 division was intended as compensation for not ordering an appraiser to assess the lower value of Apartment 1, strictly dividing the purchase price based on living space. For various reasons, time is pressing, so the purchase and financing should be completed as soon as possible. The notary appointment is already arranged, and financing is joint and several.
A fair process is our top priority. Therefore, our questions are:
- In your opinion, does the condition of the apartment weigh heavily, or do you see a pure division based on living area as correct?
- Do you think it is appropriate to divide the entire plot area according to 60:40, even though it was hardly considered? Should a different price per square meter then be applied?
- What other ideas do you have?
Thank you in advance for your assessments. We are really struggling.
We are currently facing the decision to buy a house together. Since this situation is not very common, there are unfortunately only a few examples online, so I really hope you can help us.
Here are some important details for better assessment:
Apartment 1:
- approx. 40% of the total living area
- Condition: in need of renovation and refurbishment (from the 1950s)
Apartment 2:
- approx. 60% of the total living area
- Condition: attic converted in 1983, upper floor move-in ready but with 80s/90s style (uPVC windows, fitted kitchen from 2008)
- Also requires renovation, but is move-in ready in contrast to Apartment 1
Plot of land:
> 2,000mÂł (divided across multiple parcels), but about 90% designated as a landscape protection area on a slope and was therefore hardly considered in the purchase price according to the real estate agent
No declaration of division exists yet, but we plan to arrange this in the future
The plan was to split the living area in the purchase contract on a 60:40 basis, with the remaining areas shared equally at 50:50.
According to the notaryâs feedback, this apparently isnât possible; instead, we can only buy with a 60:40 split and additionally agree on joint usage rights. The only option would be to exclude all land parcels and then split 50:50 â which would lead to an increase in the proportional purchase price for Apartment 1.
The 50:50 division was intended as compensation for not ordering an appraiser to assess the lower value of Apartment 1, strictly dividing the purchase price based on living space. For various reasons, time is pressing, so the purchase and financing should be completed as soon as possible. The notary appointment is already arranged, and financing is joint and several.
A fair process is our top priority. Therefore, our questions are:
- In your opinion, does the condition of the apartment weigh heavily, or do you see a pure division based on living area as correct?
- Do you think it is appropriate to divide the entire plot area according to 60:40, even though it was hardly considered? Should a different price per square meter then be applied?
- What other ideas do you have?
Thank you in advance for your assessments. We are really struggling.
P
pagoni20201 Mar 2021 18:18Neuling2021 schrieb:
Thatâs what weâre doingâwe have been renting the same house for many years.
Thatâs exactly why we all want a solution that is fair for everyone involved. I completely understand the basic idea, but ownership involves different dependencies. A rental agreement can be ended at any time, with the landlord on the other side.
If you shared the details of your idea here, other people would certainly point out a series of pitfalls and risksânot because everyone is narrow-minded, but because these are real and not unlikely. In addition, such a misjudgment could completely turn your life upside down or even lead you to bankruptcy because of another person. None of this happens with a rental.
Have you clarified whether itâs possible to divide land and living spaces?
N
Neuling20211 Mar 2021 18:29pagoni2020 schrieb:
I fully understand the basic idea, but ownership comes with different dependencies. You can end a rental agreement at any time, and the landlord is on the other side.
If you were to share the details of your idea here, others would surely point out numerous pitfalls and risksânot because everyone is overly cautious, but because these are real and not unlikely. Furthermore, such a misjudgment could completely turn your life upside down or even cause you to go bankrupt because of someone else, which doesnât happen with a rental.
Have you clarified whether the land and the living spaces can be subdivided? Yes, I absolutely agree with youâwe are all aware of the risks involved. Ultimately, no one can give a guarantee.
Although we have separate financing, as mentioned, the liability is shared.
In principle, we can prepare a declaration of division.
We have been searching for a suitable property for years, and now one partyâs parental leave is about to beginâwhich means a financing commitment for the next 12 months would initially not be possibleâhence the time pressure.
H
Hausbautraum201 Mar 2021 18:44So, the 60:40 split of the plot would probably not be acceptable to me if one of the apartments is in significantly worse condition.
Who knows how land prices will develop in 30 years....
Is it possible to divide the main part of the plot 50:50 and exclude the protected areas?
I donât fully understand the notaryâs alternative solution.
Overall, I would NEVER do something like this with joint and several liability. Not even with my sister....
I also donât understand why you are doing this?
Who knows how land prices will develop in 30 years....
Is it possible to divide the main part of the plot 50:50 and exclude the protected areas?
I donât fully understand the notaryâs alternative solution.
Overall, I would NEVER do something like this with joint and several liability. Not even with my sister....
I also donât understand why you are doing this?
P
pagoni20201 Mar 2021 18:44So, youâre not getting my financing because itâs not feasible; otherwise, you would have it.
If you divide it, everyone could develop their part at their own pace and according to their means.
If you do that, there are still plenty of risks, but at least everyone is their own master.
Donât get me wrong, but I donât believe that. Only when youâre actually up to your knees in it do you really understand. Right now, maybe the excitement is clouding things, which isnât a problem, but a house project requires pragmatism. Because... you also want security with a house, and thatâs exactly what you wonât have.
But the question is why and with what risks I expose myself to this danger? Iâm convinced there are other options, even if theyâre not quite as convenient, but they are more reliable.
In my opinion, that is the absolute deal-breaker. It really gives me stomach aches, even though itâs none of my business.
Without a division, I would never do it. I had a similar situation six months ago myself â suddenly the owner wanted it to become co-ownership of undivided shares, and then I dropped out... luckily. By the way, the notary also explained to me what risks that could involve. You donât live together like you do now; financially speaking, you become intertwined to a certain extent, and if one falls, the other does too.
If you divide it, everyone could develop their part at their own pace and according to their means.
Neuling2021 schrieb:
Basically, we can create a declaration of division, yes.
If you do that, there are still plenty of risks, but at least everyone is their own master.
Neuling2021 schrieb:
Weâre all aware of the risks involved.
Donât get me wrong, but I donât believe that. Only when youâre actually up to your knees in it do you really understand. Right now, maybe the excitement is clouding things, which isnât a problem, but a house project requires pragmatism. Because... you also want security with a house, and thatâs exactly what you wonât have.
Neuling2021 schrieb:
No one can ultimately give a guarantee.
But the question is why and with what risks I expose myself to this danger? Iâm convinced there are other options, even if theyâre not quite as convenient, but they are more reliable.
Neuling2021 schrieb:
Liability is joint.
In my opinion, that is the absolute deal-breaker. It really gives me stomach aches, even though itâs none of my business.
Without a division, I would never do it. I had a similar situation six months ago myself â suddenly the owner wanted it to become co-ownership of undivided shares, and then I dropped out... luckily. By the way, the notary also explained to me what risks that could involve. You donât live together like you do now; financially speaking, you become intertwined to a certain extent, and if one falls, the other does too.
I agree with Pagoni. You mention that you are aware of the risk. By that, you mean you have heard that things can also go wrong. Of course, that wonât be the case for you ;-) If you were to consider that it could become serious, then joint liability would not be an option.
N
Neuling20211 Mar 2021 19:01pagoni2020 schrieb:
You understandably find it difficult because this is a complex situation with many risks.
My question is whether itâs truly impossible to divide the property into individual condominium units so that each person is responsible for their own part?
One possible option could be co-ownership of shares, but this also carries significant risks.
Thingsâand especially people (including yourself)âchange over time... I would never undertake such a project if it wasnât clearly divisible, allowing me and my family to remain self-sufficient no matter what happens on the other side. What would be the advantage of co-ownership of shares?