Option 1
Keep the house after divorce: buy out your ex-partner and take over the mortgage
Keeping the house after divorce means one partner takes over the property and the other is paid out financially. What matters is not just the agreement between the spouses, but also the approval of the bank.
What does this mean legally and financially?
Both on the land register
In many cases both spouses are registered in the land register and both have signed the loan. A private arrangement between the two of you is not sufficient.
Change of borrower required
The bank must agree to the departure of one borrower. It checks whether the remaining partner can service the monthly payment alone on a permanent basis.
Real estate transfer tax
On transfers during the marriage or in direct connection with the divorce, real estate transfer tax may not apply — depending on the federal state, up to 6.5%.
How is the buyout amount calculated?
A simple guide: property value minus remaining debt, divided by two.
Property value
€ 400,000
Remaining debt
− € 200,000
Your share (½)
= € 100,000
The actual amount may differ depending on ownership shares, marital agreements, equalization of gains and contributed equity.
Step by step: how the takeover works
Initial consultation and goal setting
Who wants to keep the property, who is to leave and by when should the solution be in place?
Gather documents
Loan agreement, repayment schedule, land register extract, proof of income and information on the property value are compiled.
Calculate the buyout amount
Market value, remaining debt, ownership shares and possible compensation claims are checked for plausibility.
Check affordability
It is calculated whether the remaining partner can cover the monthly payment, the buyout and ancillary costs.
Approach the bank or alternative lenders
The existing bank is asked about a change of borrower; alternative lenders are compared in parallel.
Prepare notarial implementation
The ownership transfer, land register change and payment are legally documented.
Adjust the loan agreement
Once the bank has approved, the departing partner is released from liability.
Frequently asked questions
Check whether you can really keep the house
Before you commit to a buyout or negotiate with the bank, you should have a solid check of the financing. Thomas Brauner analyses your options free of charge and without obligation.