To make things a bit more objective again:
- The whole quagmire of criminal law should please be avoided if there is no knowledge in this area and §§ are just thrown around carelessly.
Legal structuring options cannot lead to criminal liability, even if it may be considered "unfair" or not liked by everyone that such a subsidy is obtained or, as is often said, "evaded."
The only decisive factor should be whether KfW strictly adheres to the funding/non-funding requirements or also looks beyond the "horizon."
Keyword "civil law circumvention transaction."
Simply put: You create conditions that actually do not exist in order to achieve something. Such circumvention transactions lead to invalidity of the property or are not taken into account.
If they simply say: acquisition from first-degree relatives is excluded and an "intermediate acquisition" is not, then that is just the way it is.
If they say, okay, this bypasses the funding exclusion, then no funding either, then that is also just how it is.
I do not want to do any "shady stuff," but if such an intermediate acquisition is possible, then why not.
Therefore, I inquired at KfW (where it was said here that they do not give information). Here is the answer:
"We are happy to confirm that the acquisition of a residential property from relatives outside the direct line defined in §59 - for example from a brother - is eligible for Baukindergeld funding.
This does not apply to the donation with resale that you described, which is exclusively intended to circumvent the funding regulations.
The land register excerpt shows who was the previous owner of a property and when."
§ 59 (of what)?? is probably not correct and I had inquired about intermediate purchase and not donation, but the answer should be quite clear.
They also "review thoroughly" whether funding requirements are met by structuring that someone would never do for reasonable reasons.
Accordingly, the matter of divorce should also be excluded.
I just find it a pity that they do not design their funding guidelines accordingly. It really should not be that difficult to include all case variants.
And as I said, I am surprised that the acquisition was still tolerated until May 17. Probably against the background that this was not excluded in the funding conditions.
The intermediate acquisition is also not excluded, yet here it would still be said that it does not work.
Therefore, they could also say "no" to all "kinship purchases" before May 17.
I can almost imagine that they will reopen the funding conditions in half a year if they notice that funding applications are strangely now declining.