Access rights in case of asset separation in insolvency
June 9, 2009 | 40,00 EUR | answered by Dr. Lars Nozar
Key points: Married in 1971, no separation of assets. In 1982, inherited real estate, owned by husband. Real estate is registered as collateral for loans taken out by the GmbH. Husband is one of three shareholders. Loan documents and purpose declarations were only signed by the husband, not by me. In the event of the GmbH's insolvency, does the bank have unrestricted access rights?
Hello. Unfortunately, I can only answer the question with a clear YES. The bank is secured thereafter. However, you should have the mortgage declaration checked in detail by a lawyer. It is not uncommon for bank terms and conditions to have been declared invalid by the highest courts. I hope I have helped despite the negative information.
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