Divorce law Austria
June 22, 2009 | 15,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello!
My husband and I have been married since 06.06.2003. In 2002, I renovated my parental home, with costs or debts of 240,000,-. My spouse is neither listed in the land register nor in any loan agreement, except as a guarantor. What claims can he make against me? Furthermore, I would like to point out that my spouse's place of residence was never in this house.
Please provide information in advance on the cost of this consultation? However, I do not wish to attend a personal appointment, I would only like to receive advice via email or internet.
Thank you for your information and assistance!
However, please refrain from sending me any documents to my address. I am only reachable by phone or email. Thank you!
Kind regards
Dear seeker,
Thank you for your inquiry!
I would like to address your questions based on the situation you have described as follows:
Since your husband is not listed in the land register or the loan agreement, he generally cannot claim any rights regarding ownership of the property.
His position as a guarantor does not give him any claims against you; on the contrary, the bank can only hold him liable if you are unable to pay the loan installment.
If your husband has been called upon as a guarantor, he can demand indemnification from you, meaning he can ask you to reimburse the amount the bank has claimed from him under the guarantee agreement.
Conversely, you generally cannot claim any expenses of €240,000 against your husband (for example, in the event of divorce) as these are considered gifts between spouses, which are typically not reimbursable based on prevailing case law.
Based on your description, I do not see any claims that your husband could make against you.
However, this may change if the marriage fails. In that case, there may be claims for equalization of accrued gains (if you are married under the legal regime of community of accrued gains) and maintenance claims to consider for both your husband against you and vice versa.
Unfortunately, these considerations cannot be made in the context of initial consultation. If you are interested in comprehensive advice, please feel free to contact me by email or phone so we can discuss further steps and potentially provide you with a fair offer for the consultation you desire.
The fee you have offered for the advice on this platform has been adequate so far.
I would like to conclude by emphasizing that the legal advice I have provided is based solely on the information you have provided. My response is just an initial legal assessment of the situation and cannot replace a thorough review of the facts.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope this information has been helpful to you. Feel free to reach out to me through the follow-up option on this portal or via my email address.
I am also available for further representation of your interests. If you decide to engage my services, the initial consultation fee paid here will be fully credited.
I wish you a pleasant Monday afternoon!
Kind regards,
Dipl.-jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
