Buy land with inheritance advance

Hello,

of course you are right, we still need to talk to several places about that. Regarding the child, it may have come across incorrectly on my part. This is about a shared child. Therefore, it should not have any influence, as it is our inheritance anyway? There are no other children born out of wedlock.

This is a joint child. So this should have no influence anyway, since it is our inheritance anyway?

This very child is the ideal lifelong usufructuary of the parents - better than having it spoil its inheritance enjoyment through taxes.

There are no other children born out of wedlock.

But there is still one marital child, whose birth is still in the future, and who is therefore not yet on the playing field.

Exactly this child is the ideal lifetime usufructuary for the parents - better than having their usufruct diminished by taxes.

However, courts have a say in this. And it is very likely that the court will not grant approval if liabilities are to be incurred on the property. Therefore, unless the house can be paid for in cash, such a construct is likely to fail.

Hello,

now I’m lost.

Exactly this child is the ideal lifelong holder of the right of residence for the parents – better than having its usufruct clouded by taxes.

Are you referring to my advance or my/our inheritance for our child?

But courts have a say in this. And most likely the court will not grant approval if liabilities are to be incurred on the property. So unless the house can also be paid for in cash, such a construct is likely to fail.

So you mean that I wouldn’t be able to take out a mortgage on the property then?

I had the suspicion that it’s not so uncommon that either an empty plot is transferred by the parents or one is bought by the parents as an advance for the children?

In village gossip we often hear that families secure plots of land for the children. Would it make a difference if I inherited not in cash but in the form of the property?

Of course you can secure a property for your children. But as you rightly say, probably not by burdening it with a "mortgage." Basically, you would be saddling your child with debts and liabilities. In such asset matters for children, the family court intervenes. It would probably agree to the registration of an unencumbered property in the child's name, but likely not to the registration of a land charge. However, if you need this for the house financing, your construct falls apart. In your place, I would choose the path that you receive the property from your parents and secure the case of separation by a notarial deed. Various constellations are conceivable here (classic accrual payment, the agreement that the house can only be transferred to your children later, ... whatever). You should seek legal advice on this.

Would it then make a difference,

Hello Birkenfelder

don’t make it so complicated.
It’s family. It should be able to be arranged.
And with your wife, you make a marriage contract, then she gets added to the land register.

Steven