You live separately from your spouse and now you want to buy (or build) your own property without your spouse. For this purpose you may have to pay the spouse’s compensation and / or take over the ongoing real estate financing alone. Financing is not possible in such cases without the signature of the spouse. It follows a very careful examination of the financial situation of the couple. A release from the real estate loan can not be achieved in the rule.
Mortgage lending for individuals
You live independently of your spouse and would like to co-finance your own flat? Since real estate financing can be difficult for separated, undeveloped residents, you should pay attention to a few details. This is especially the case when a property that is still owned by both spouses is co-financed. For anyone who lives separately, we recommend that you consult with a specialist lawyer when you buy or redesign your property. Second
You live separately from your spouse and would now like to buy (or build) your own property without your spouse. In this case you should always inform yourself in advance by a specialized family lawyer’s lawyer about the consequences of the ongoing divorce proceedings – especially if no segregation of property has been decided.
Financing is relatively easy, but you must have a so-called separation agreement. Otherwise, credit institutions generally do not dare to approach the financings because they can not assess the (financial) consequences of divorce for you (see asset management, maintenance regulations, etc.). You and your spouse own a property that you want to divorce after the separation or marriage.
For this you may need to compensate your spouse and / or take the financing of the property in your own hands. The “taking over” of a current loan takes place in the course of a so-called exemption from liability. However, this indemnity only occurs if the principal bank can prove that the liabilities resulting from the loan agreement are borne solely by the “remaining” borrower.
There is no legal claim to indemnity.
If a lump-sum payment also has to be paid and paid to the spouse, it is usually necessary to contact the bank that also takes over the financing. An indemnification is not possible without such an agreement. You and your spouse own a property that you want to “take over” yourself?
If the spouses do not agree on the division and possible takeovers of a property, there is a risk of a so-called division auction at the end. However, the procedure may be delayed, especially if several people are together. As a rule, you can participate in the division auction as a co-owner and thus become the sole owner of the property. Many banks, however, refuse funding in the context of divestment auctions (“… too complicated ….”).
We are aware of credit institutions that also provide funding in the course of divisional auctions.