Hello,
I have a question regarding ownership rights. Both my partner and I are listed as debtors in the construction contract. Is there a way to officially record (in the land register or elsewhere) that I am the sole owner, while both of us remain debtors?
The background is this: In case of a separation, we want to avoid any complications. I am supposed to receive the house, and she is to be "bought out" (she agrees with this arrangement). But as often happens in life, after a separation, people tend to deny previous agreements.
So my question is: Are there options for this? If yes, what are they?
Thank you in advance.
I have a question regarding ownership rights. Both my partner and I are listed as debtors in the construction contract. Is there a way to officially record (in the land register or elsewhere) that I am the sole owner, while both of us remain debtors?
The background is this: In case of a separation, we want to avoid any complications. I am supposed to receive the house, and she is to be "bought out" (she agrees with this arrangement). But as often happens in life, after a separation, people tend to deny previous agreements.
So my question is: Are there options for this? If yes, what are they?
Thank you in advance.
H
HilfeHilfe30 Jan 2018 07:17Alex85 schrieb:
My acquaintance is the "he" who still lives there. 😉
I want to be clear again that I wouldn’t do it this way myself and wouldn’t advise the ladies to do something like this.
By the way, the lady is actually quite intelligent and pragmatic.
Ultimately, she is financially well-off enough not to have to chase small change. Because you have to consider what kind of compensation value we’re talking about. You mention an increase in value. Well, she lived there for 3-4 years, paying a few hundred euros monthly. Much less than it would have cost to rent an apartment or, let alone, a house with a garden. The place stands on his parents’ land, which has been in the family for over 100 years. Ordinary people can’t buy or rent there at all.
No one pays you for garden work in a rental property. You do it for yourself and enjoy it; afterward, someone else benefits if it lasts.
Return on investment? Maybe, at least theoretically, because it’s not realizable, but if the tenant has that mindset—so what? She might have put in around 20-25,000€ (22,000-28,000 USD) there, let’s say a 5% return over time—should he now give her 1,000€ (1,100 USD) out of decency? Neither of them is interested in that.
They don’t argue at all—it’s not worth the amount.So it went smoothly. That’s rare. Often, the "new partner" comes along wanting to cause harm, stays registered in the land registry/record, and so on.
B
Bieber081530 Jan 2018 07:23ypg schrieb:
You just need to agree on it and present it objectively.If these two conditions are met, the rest is simple. So, we agree :-).
Somehow, the importance of the land register is being misunderstood here. If the house was purchased after the marriage, it is considered marital property, and it does not matter who is listed in the land register. In case of a divorce, the marital property is divided, and the spouse receives financial compensation.
B
Bieber081530 Jan 2018 09:18The questioner (who does not seem to participate further in the thread, right?) is, in my opinion, not married. Otherwise, I would have mentioned it already ;-).
77.willo schrieb:
Somehow, the importance of the land registry is misunderstood here. If the house was purchased after the marriage, it counts as marital gain, and it does not matter who is listed in the land registry. In the event of a divorce, the marital gain is divided, and she will receive financial compensation.Well, the house did not just appear out of nowhere. Part of the equity used was previously existing capital (which counts as the initial assets), while on the other hand, liabilities reduce the value of the house (which reduces the final assets). Therefore, the marital gain is only what was actually earned during that time, not the 1 million villa that was financed with 110% mortgage (alternatively: fully paid in cash after liquidating the investment account).