Advice on Transfer of Ownership of a Home


Questioner

We have had a house for sale for a year, we are not married, my girlfriend wants to leave me now. She can give up the house via the notary if we both agree. The house is in both names but I pay the mortgage. There will be no added value when selling. I don't think I will get a new mortgage but I can afford it.

Lawyer

Your girlfriend can relinquish the home by transferring her co-ownership to you via the notary. However, there may be fiscal consequences associated with this over-allocation, provided there is surplus value. If your girlfriend intends to escape her mortgage obligation by means of this relinquishment, this will not be easy, as the bank must give permission for this. This often does not happen.

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