Does this donation bring advantages or disadvantages?

Yes, that will be possible, with good arguments and the approval of the guardianship court.

The problem is not only the land charge but also the ongoing obligations (property tax, maintenance) from the house.

I also think that in this constellation the guardianship court should definitely be involved, since the minor sibling also incurs significant obligations from the gift.

I recommend holding a meeting both with all parties involved and with a competent notary before the gift, in which the procedure itself and all possible options are played through and, if necessary, explained in detail.

Regards,

Dirk

I completely forgot, the parents want to register a lifetime right of residence. The house is worth 60k without the right of residence. As far as I understand, my girlfriend would still be debt-free, or did I misunderstand that? Allegedly, they only want to gift the house to avoid paying t a x later on the i n h e r i t a n c e. However, I don't really trust this "gift," it seems to me that there is an ulterior motive. They are also not exactly in a good financial position, there are still some installments to be paid, hence my doubts.

Which tax on inheritance?

1/3 of 60,000 EUR should fall within all exemption limits for parents <> child.

Inheritance or gift is viewed similarly. There are high exemptions, for example, for children. So it cannot be a reason. A house with right of residence then, by the way, has no value anymore ;)

Since a tax exemption of €400,000 applies to children for inheritance tax, this argument does not matter anyway.

The only thing that could be interesting is if the parents become in need of care.
Then, (in certain cases), the state can insist on the sale of the house and the assumption of care costs.

However, if the house has been in the possession of the children for at least 10 years, the state must cover the care costs.