Month: December 2019

Building a house on the ground partner | home loan

by admin

Your partner has a building land. You decide to build a house together on the ground of your partner.
What do you pay attention to as a couple? You can read it below. A partner does not automatically become the co-owner of the property.

One of the partners of a couple has a building land. Either self-financed or received through family. In any case, this person owns a building land and his partner comes later in life.

The couple decide to build the family home together. Does the partner automatically become co-owner of the property?Landowner = owner of the property by right of retraction

The law states that the landowner also becomes the owner of all buildings on the ground. They call this the right of retraction. This means that a partner is not automatically considered as the co-owner of a family home. On the contrary. The owner of the land also becomes the owner of the property.

This is a legal presumption and fortunately can be refuted

This is a legal presumption and fortunately can be refuted

How does a partner prove that he is "co-owner" of the home?

A partner can prove to be "co-owner" of the family home. This is a factual situation that will be studied by a judge in complete independence and sovereignty.

Proof that a partner is a co-owner may, among other things, appear from the following:

• Quotation from the building contractor is on both names
• Contract with the building contractor is on both names
• Invoices are written on both names
• You both signed for the home loan

It could therefore immediately cause problems if both names are not (always) on one of those documents. Moreover, it remains a factual fact about which a judge will pass a decision later.

Take precautions as a couple

Take precautions as a couple

As a couple you can best anticipate this by taking as many precautions as possible. Here too, "The best deals make the best friends."

The possible solutions then differ depending on the "relationship" between the 2 partners.

Marriage on the horizon

If the couple is sure that they are about to get married, it is best to have the land brought into the marriage community by a notary. The land then becomes common. And so also the family home. Of course, the partner who owns the land must agree to this.

A legally cohabiting couple

As a couple, you can 'indicate' at the municipality that you live together legally. Now that the relationship has become somewhat more "official", there is a legal presumption of indivisibility. This means that the law says that both partners are the owners. Each for an equal part.

But this legal presumption can also be refuted. Again, there is therefore no 100% certainty. This could be solved by a cohabitation contract. The torque then determines what the power looks like and how it will be built up.

Practically living together

Practically living together

When a couple simply lives together 'factually', there is no legal presumption of indivisibility.

Here too, the couple could opt for a cohabitation contract, just like with legal cohabiting couples. In this way the partner creates (without ground) evidence that could be used later.

Safety net via cost theory

In the worst case, cost theory can serve as a safety net. This cost theory makes a distinction between three types of costs to which the partner (without land) could or could not claim reimbursement.

The necessary costs are the costs incurred by the partner for saving the property. These costs can be fully recovered.

There are also 'useful costs'. These are costs incurred by a couple to create added value. Here it is different, and only the surplus value can be recovered.

Finally, there are 'luxury costs'. These costs cannot be included anywhere else and only relate to luxury. These costs can never be recovered.

Get advice from a notary

As you have noticed, this is not an obvious situation. There is a lot involved. That is why you best anticipate problems and you seek the advice of a notary. That way you make the best appointments and therefore also the best friends.