Sale of real estate
August 8, 2010 | 25,00 EUR | answered by Andreas Scholz
The tenant of a plot of land leased by me wants to buy it. He is in the process of divorcing his wife, but both spouses are listed in the lease agreement. Can I sell the property to the husband even if his soon-to-be ex-wife does not agree to it? Sincerely, Frank Engelmann
Dear inquirer,
You can sell the property to the husband. He would then become the lessor of his wife. However, it may be necessary - depending on the husband's financial situation - to obtain the wife's consent to the purchase, as § 1365 of the Civil Code applies, even during the separation period. You can ask the wife for approval. If the wife does not respond within two weeks after being asked, the approval is considered not granted and the purchase contract is invalid.
Sincerely,
Scholz, Attorney
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