Payout money at home
October 19, 2009 | 40,00 EUR | answered by Andreas Scholz
I live in a common-law partnership and am the sole owner (according to the land registry office) of a property. My life partner helped me build this property. Both of us are listed as borrowers in the loan agreement, however, she is not listed in the land registry extract. She pays a monthly installment of approximately 700 euros for the property. She has also made 2 additional payments during these 9 years, totaling more than 100,000 euros. She now wants to separate from me and receive money back from me. However, I still have the remaining loan to pay off. I am willing to give her a portion of the money back, minus a "rent" for the years she has lived with me in the house. I envision her receiving a portion now and the rest gradually. My question is: Can she demand money back at all? If yes, how quickly do I have to repay the money? I cannot take out another loan. Can it be a period of around 10 years? Can she also demand money for the hours worked during the construction of the house?
Dear questioner,
In a non-marital cohabitation, the personal and economic contributions that the partners grant to each other without having agreed anything special are generally not balanced. This is the consistent case law of the Federal Court of Justice.
In contrast, the recovery of benefits made during a non-marital cohabitation that exceed the amount necessary to lead a common life is generally conceivable. The latest case law allows claims under §§ 812ff BGB as well as under the rules of the dissolution of the contractual basis. Your partner could therefore potentially make a claim for payment against you in court. Of course, she would then have to prove in a trial under what conditions she provided services for the property.
In conclusion, a payment claim by your partner is not excluded. She can also assert this claim against you in court. Whether your partner will be successful depends on the circumstances of the individual case and in particular on the evidence provided.
If you can reach an out-of-court agreement, you can essentially agree on whatever you both want, including the amount and duration of the repayment, so that if your partner has no objections, you can also pay the amount in ten years or a longer period of time.
I hope this has helped you further. If you have any questions, please feel free to ask.
Best regards,
Andreas Scholz, lawyer
