{"product_id":"vragen-28176-ls-wij-zitten-in-een-wat-wonderlijke-situatie-getrouwd-maar-wonen-niet-meer-samen-in-goede-harmo","title":"Advice on Mortgages and Property after Marriage","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n LS,\n We are in a somewhat strange situation: married, but no longer living together, in good harmony, which is also important for the children.\n \nNow I would like to buy a house, for that a mortgage is necessary. But: we are married in community of property, and formally I am co-owner of our house. Which is also burdened with a mortgage.\n\n How do we best approach this?\n Is it necessary to divorce (which would be possible, but we don't necessarily need it), or would it be possible to draw up a deed whereby my husband would be the owner of the house, but also the bearer of the mortgage?\n\n At the moment he pays off the mortgage himself. I rent a house, and would pay even less per month if I bought a house.\n\n Please advise!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The answer lies with the mortgage provider.\n \nYou are now both half owners of the home and each jointly and severally liable (i.e. each for 100%) for the repayments of the existing mortgage loan. Most mortgage lenders refuse to release one of the two debtors from joint liability in such a situation. Incidentally, this depends largely on your income. If this is possible, the title deed can then also be changed.\n\n Before you do this, you will have to change the existing community of property into a prenuptial agreement. The purchased home will then fall into the assets of your spouse. Please note that he or she can take recourse for the mortgage payments that he or she has paid for you.\n\n Once the title deed has been changed and you have been released from joint and several liability for the existing mortgage, you can consider purchasing a home yourself.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55014797312349,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-28176-ls-wij-zitten-in-een-wat-wonderlijke-situatie-getrouwd-maar-wonen-niet-meer-samen-in-goede-harmo","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}