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Division of assets in case of separation

November 22, 2009 | 50,00 EUR | answered by Steffan Schwerin

I have separated from my girlfriend and she now wants to stay in the shared house and take it over. However, I have invested approximately 30,000 euros in equity in the purchase of the property, which she cannot pay me back. She is only offering me her savings of 5,000 euros. At the moment, there is also no possibility of installment payments or refinancing, as she now has to cover the payment for the bank alone. A sale is not an option for either of us.

My question now is whether, in addition to the entry of a mortgage, there is a way to contractually secure the claim to this money. Perhaps her financial situation will improve at some point so that the claim can then be enforced. Can repayment terms be established for such a situation?

Or is there possibly another suggestion?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into consideration the facts presented and your efforts as follows:

You can regulate in an individual contractual agreement with your friend that she owes you the amount X.

In this agreement, the payment modalities can also be regulated. So you should take the 5,000 € as a down payment and then immediately agree on monthly installments and regulate that the friend starts paying when she has money. However, a time should be agreed upon when the friend must start paying at the latest.

The agreement could roughly look like this:

1. Mrs. A owes Mr. B the amount X for the investment in the house C.
2. Mrs. A undertakes to pay Mr. B the amount X.
3. Mrs. A initially pays a down payment of 5,000 € to Mr. B.
4. Mrs. A can pay the remaining balance in installments.
5. The installment payment begins on...
Or
5. The installment payment begins as soon as Mrs. A's financial situation improves, but no later than in... years.
6. Mrs. A pays the installments by the 15th of each month.
7. In the event that Mrs. A falls behind with the payment of two consecutive installments, Mr. B can terminate this agreement and the remaining amount becomes immediately due.

If you decide to enter into such an agreement, I can only recommend having it drawn up by a lawyer or having a self-created agreement reviewed. I am also available to assist you in this matter.

Other suggestions are not appropriate here. The claim can be most securely regulated through such an agreement. It can also be agreed that in the event of the sale of the house by the friend, she must pay you the remaining balance without delay.

Otherwise, I do not see any meaningful ways to secure the claim.

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Best regards,

Steffan Schwerin
Lawyer

Law firm Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de