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Crediting of real estate loan to post-marital maintenance

Dear questioner,

I would like to answer your request for advice on the basis of the facts you have communicated as follows:

In the case of post-marital maintenance, you would first have to have the full housing value counted as fictitious income.

With regard to the real estate loan, in the case of sole ownership, the repayment of the loan from the pending divorce proceedings in the case of the statutory matrimonial property regime represents a one-sided accumulation of assets that is no longer worthy of consideration. This means that the repayment cannot be taken into account as reducing income, at most the interest.
The repayment payments can only be taken into account within the scope of the permitted old-age provision. In principle, in addition to the earned income from salaried activity, a further 4% of the gross earned income can be set aside as retirement provision, so that you would be partially offset against the repayments.

I hope I have been able to help you and stay

With best regards

Yvonne Muller
Lawyer

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