2 buyers - 1 property - different amounts of money - owner?

  • Erstellt am 2024-02-24 22:54:19

Musketier

2024-02-29 09:36:48
  • #1
Small addition: Presumably now eGbR
 

Pascali

2024-02-29 14:21:16
  • #2

He can only have co-ownership if a gift of the fractional shares takes place or previously from money. But that is not intended, as one wants to avoid the gift tax. The goal would even be to give 100% ownership to the one who pays almost nothing. But that would be too expensive because of the gift tax.


Same reason as above - gift tax too expensive.


Both sign the financing application. Both are jointly and severally liable. But one would contribute significantly more to the installment. In that case, the one who contributes much less overall (because he provides less equity). That is also positive, as he can acquire more ownership without a gift.

How does it actually work?
1200€ installment - only one pays. Is the loan amount then credited to him as a share of ownership acquisition? Both sign the loan application - but only one pays (at least, if he does not default, then logically the other would have to step in).


I had heard of that too. But then it becomes even more complicated with taxes. What if, for example, you want to deduct craftsman wage costs from your income tax declaration? That is then no longer possible because the property belongs to the eGbR.

What about the common child? Does it inherit the eGbR assets or the eGbR itself? Is there then a significantly higher inheritance tax than if the child would inherit the property like that?

Can you gift the property to your child? Surely no taxes would be due because the allowance is 400,000€. Gift from parent to child.
 

nordanney

2024-02-29 14:49:43
  • #3

Both are borrowers. You cannot be "a little" pregnant. The bank does not care who pays. EVERYONE is personally liable for the full debt. The loan amount has nothing to do with ownership shares.

Apart from that, I read so much ignorance, half-knowledge, and "stupid" questions from you that I will first disengage until you have properly had yourself advised – yes, that costs money. There are many specialist lawyers for that. Everything else here in the forum makes no sense.

And I still do not understand the specific construct you have in mind. You should draw it out. A pays for the property, but B is supposed to become the owner? Huh?

Confused thoughts, sorry.
 

Pascali

2024-02-29 21:24:09
  • #4


The reason why Person A primarily pays for the property is that Person B has more money than Person A. However, Person A is supposed to have their main residence in the property. Therefore, Person A rents out their property to Person B for large fractions.
 

markusla

2024-02-29 21:46:02
  • #5
Do us and especially yourself a favor and go to a tax advisor or notary.
 

kbt09

2024-02-29 22:31:10
  • #6
Read that again ... and then take the advice of to heart.
 

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