For the equalization of accrued gains, what matters is the amount to which the claim secured by the land charge is actually still outstanding as of the respective valuation date.
If it is a family loan, for example from the parents of one spouse, it should additionally be clarified whether it legally constitutes a loan or an already completed gift.
This legal classification can have a significant impact on how the encumbrance is to be treated within the framework of the equalization of accrued gains (Zugewinnausgleich).
The question of who actually made the contractual interest and principal payments on such a family loan can also be significant for the later attribution of the encumbrance.
In case of discrepancies, a transparent listing of all payment flows since the conclusion of the loan agreement is recommended in order to document the actual economic situation in a traceable manner.
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