After a separation, one person is to remain in the house and pay the loan alone in future. You can discuss this internally. For the other person, however, it is crucial whether they are actually released from the obligation by the bank. A changed standing order does not answer this question.
Name the three processes separately
Separate the actual payment of the instalment, the internal agreement between the parties and the legal position vis-à-vis the bank. In addition, where applicable, transfer of ownership and securities must be examined specifically. The article does not calculate compensation claims and does not provide a separation agreement.
§ 415 BGB describes, for an assumption of debt agreed between a debtor and a third party, the creditor’s consent as a prerequisite for effectiveness. The statute also deals with the case of a refused consent and the internal relationship. [BGB415] How this is to be classified in your specific joint financing must be examined on the basis of all documents.
An ongoing payment is not yet proof of release
In the fictitious case, Person A has paid the full instalment since B moved out. B wants to finance a new flat and no longer enters the old obligation in their own records. But there is still no professionally declared confirmed release.
This outstanding position is therefore explicitly communicated for the new financing assessment. B does not treat A’s previous payment as a substitute for the necessary clarification with the bank. At the same time, A needs a statement that can permanently bear the payments actually taken over.
Examine the transition with two budgets
Record current expenses and the remaining financial relationships for each person. Moving out does not automatically end the previous joint financing. An internal reimbursement or balancing payment will only be taken into account after its actually clarified basis and availability.
Ask the bank about the specific possible procedure and any further evidence required. A desired sole continuation may require a new assessment; the article does not assume consent. A possible sale is also not an immediately available standard solution for the next payment date.
Switch permanently only after clarification
Keep the confirmed legal and financial settlement together. Have unclear formulations explained which person will still bear which obligation afterwards and what will happen to securities. A private note “loan taken over” is too vague for this purpose.
Until the transition is actually clarified, your own planning will have a visible open item. This is particularly important before entering into a new long-term obligation. The aim is a fair internal solution and a comprehensible actual status vis-à-vis the bank. Both are coordinated with each other, but are not treated as the same.