Donation of property to child and partner

  • Erstellt am 2014-01-14 15:21:34

Der Da

2014-01-14 16:31:31
  • #1
It doesn't help you at all in the event of a breakup to be listed as the owner of the property in the land register.
What do you want to do after the breakup besides being with your ex’s parents? Live there?

Have the value of the property recorded at the notary’s office with your girlfriend, and then your contributed equity. In case of a breakup, that will be offset. The house will probably have to be sold afterwards anyway, as neither will likely be able to pay out the other. Just because you are listed in the land register doesn’t mean you have more rights to the house. Treat the property as cash... this way your girlfriend brings 15,000€.

Or are you expecting a massive increase in the value of the property?

As the girlfriend’s parents, I wouldn’t be inclined to gift you anything.
 

kaho674

2014-01-14 21:05:27
  • #2
Hi, aside from the whole gift situation, with 3000m² of farmland, even after a building permit, it is most likely not simply 3000m² of building land in the valuation. I think that part of it can be approved for construction, the rest probably remains farmland and is not valued that high, right?
 

DG

2014-01-14 22:18:18
  • #3
The land value or the classification as building land depends on how deep the property may be built on when viewed from the street. For this, there is either the development plan with a building window or, in the outer area, as a reference, the residential development in the neighborhood. In this case, this is also eventually determined in the standard land value map by the expert committee, and then the land value can also be calculated, which will presumably (depending on the shape of the parcel) be divided into 2 areas: building land and garden land/arable land.

Regarding the gift and potentially saved real estate transfer tax, I think there is a possibility that no real estate transfer tax arises, but I’m not sure right now – however, this is fundamentally a question for the tax advisor, and I think the full ownership farm will have a tax advisor. What also doesn’t hurt is a joint conversation with a specialist lawyer for family law, who can then explain all the options in connection with the tax advisor within 1-2 hours. That might cost 200-300€ in lawyer’s fees ... but as another forum member said here this week in another thread, paraphrased: you really have to ask yourself how some people take on several hundred thousand euros in debt but hesitate to invest a few hundred euros in solid expert advice from a specialist lawyer and/or another expert.

That helped us a lot before buying the house, and from the conversation, things were definitely implemented, or it became pretty clear to us fairly quickly how to handle certain matters.

Best regards
Dirk Grafe
 

NZiege

2014-01-15 07:34:18
  • #4
Morning and thanks again for the answers.

As I said, the farm has a tax advisor and this person is involved in all matters, after all, it ultimately concerns a (very small) economic area of the farm. The advisor should know about that.
For me, it was initially just about exploring a few possibilities and verifying my previous knowledge. Otherwise, you stand there completely clueless.

The hint about the classification as construction and grassland, for example, is already very helpful for the further process.

Thanks to you all!
 

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