Different share/equity for construction. How to write it firmly?

  • Erstellt am 2014-01-11 14:20:29

nordanney

2014-01-13 20:13:40
  • #1
I cannot provide legal advice, but to my knowledge, unless you agreed otherwise when getting married, the community of accrued gains applies. This means that at the time of marriage, it is determined who brings what into the marriage. You bring in the property and equity, your girlfriend brings nothing. The increase in value that occurs over the years with the house is shared, but not the portion that each of you brought into the marriage. In the event of a separation, some math is required... May a lawyer correct me.
 

Der Da

2014-01-14 10:25:39
  • #2
otherwise, you can surely also inquire about such things at the notary, or have them registered.
 

Bauexperte

2014-01-14 10:37:52
  • #3
Hello,

sometimes I really wonder how potential builders conclude that they are being disadvantaged when they save a few euros instead of investing them in proper advice. With a total volume with you > TEUR 400


A forum cannot replace the notary for you, let alone that legal advice is a dangerous field for a forum operator. User Nordanney gave you the correct answer; in the event of separation, the values before the marriage remain the leverage for the approach.


Then, at the time of separation, the value of the house will be determined and both assets from before the marriage will be deducted. The remainder will be divided or you will have to pay each other out mutually.

You can even maintain separation of property during the marriage and still finance the house construction together. Consult a notary you trust and clarify the worst case; that is money well invested and prevents disputes where they inevitably arise without preparation.

Rhine greetings
 

Doc.Schnaggls

2014-01-14 13:02:02
  • #4
Hello,

just one more thing in addition: You write, you are getting the property (I assume as a gift).

Also ask before the property transfer with a notary and a tax advisor how best to proceed.

Within the family there are completely different tax exemptions than between family and (potential) daughter-in-law...

Just in case suddenly
 

Doc.Schnaggls

2014-01-14 15:57:44
  • #5
...gift tax is at issue, which could have been avoided.
 

Similar topics
17.04.2016Value of land and bungalow B5511
09.04.2014Questions/neglected plot/meadow, determining construction measures44
11.02.2015Cost planning for a single-family house including land, additional costs, architect32
06.01.2015First buy the plot, then calmly plan and build...?11
16.02.2015Property purchased - Is financing/loan for house possible?13
17.03.2015Land with construction obligation = + 20% market value!14
05.01.2016Building on the parents' property12
22.10.2019Additional construction costs for a house on a 120k Euro plot28
22.03.2016Temporarily lease land26
10.08.2016Property with adjacent private forest area22
22.11.2016Did the notary charge us too much? Are the land registry costs too expensive?12
26.02.2017Transfer property according to share16
16.02.2017Transfer property / not married33
15.03.2017Questions about a possible plot!37
10.05.2017Transfer of property from mother-in-law to me and my wife41
29.11.2017House and property €284,000 financeable?57
22.01.2018Building on still foreign land - Waiting for building permit25
20.03.2018Land contract notarized unilaterally by the notary - Change the notary?16
02.05.2018Right to information from the notary even after purchase?43
07.11.2020Notary contract land inspection: should it be done or not?24

Oben