Building plot for house construction with 3 residential units - fair division among siblings

  • Erstellt am 2020-11-23 12:30:07

schmitzschmitz

2020-11-23 12:30:07
  • #1
Hello everyone,

my sister and I jointly own a building plot in equal shares.
On this, a three-family house is to be built for rental purposes.
We are considering a joint house construction and a declaration of division.
The goal is that after the construction, each can act independently, for example, when selling a residential unit.
Since there are no half apartments, one of us will own 2 apartments, the other 1 apartment.
The proportional value credit of the plot would, in my opinion, be as follows. The one who will take over 2 apartments must pay the other the difference in the plot value, e.g., pay out.
Example: Plot value 100K = a) Living space 1 x 70sqm b) 1 x 70sqm + 1 x 50sqm - approx. 36% to 63%
a) must pay the difference of approx. 13% to a). Correct? However, this seems disadvantageous to a)

But I also wonder, the one who will own 2 apartments will have a significantly higher value creation over the years than the other.

How can a fair solution be achieved in this regard?

I would be very happy to receive advice and tips, also fundamentally different approaches!

Thanks in advance.

Best regards
Schmitz
 

nordanney

2020-11-23 12:39:45
  • #2
Everyone has an apartment in sole ownership and an apartment jointly owned each with 1/2. But you can only dispose of this jointly.
 

ypg

2020-11-23 13:19:51
  • #3
There is not only value creation, there are also costs... maintenance costs, for example,
 

Hausbautraum20

2020-11-23 13:30:52
  • #4
And why necessarily a three-family house?
I like the solution from [Nordanney].
Everything else would also be unfair in some way.
 

11ant

2020-11-23 13:37:06
  • #5

If the plot to be developed is already in your joint ownership, I would leave it that way and develop it together, rather than splitting up the (heirs') community. Even when passing it on later, a property company like this can be at least equally good, and even more practical in terms of gift tax. In Germany, generally too little is donated ;-)

Good question, I agree. A semi-detached house or a two-family house with one floor and one maisonette apartment would also be possible.
 

GeradeSchräg

2020-11-23 18:48:30
  • #6
Hi,

I personally always find such communal building projects difficult. You may get along very well today, but what will it look like in 5, 10, or 15 years?

Then everyone owns an apartment + everyone again 1/2? a) wants to renovate their part of the shared apartment, b) but doesn't...

Also your example with the differential payment... b) gives a) 100,000 as compensation payment... After 10 years the apartment is worth 200,000... and again someone is at a disadvantage.

So dividing 3 by two is, in my opinion, not the solution in this case.

I would try to create only two residential units or better four residential units...

I don't wish for you to ever quarrel, but one should think about the eventuality.



I would also find a semi-detached house good. ;)
 

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