Gift from a friend - right of reclaim

I notice many things here. The standard land value has nothing to do with the value of the property on the open market. It is currently always significantly higher, usually by a factor of 2 to 3.

A house for 180k is nowhere to be found in Germany either, how do you come to this assumption?

Otherwise, a gift to you is very unusual, why should he do that? Is he wealthy? However, the initial thread argues against that.

Hello,
regarding your questions:
My share of the house is 180k, his is also 180k, so that makes 360k (145 sqm without basement and a double garage with a storage room at the house).
He bought the land back then without me, and since he basically sets the residential location and the building plot, he wanted to gift me half. He would prefer that I invest the money into the house. Financially, we are doing very well.

I am certainly aware that the value on the open market can be higher, but it is not yet that extreme here in Eastern Saxony.

Sounds a bit one-sided. What right do you have if he is drug-addicted and hooked on a gambling machine from a cult? And if he runs away with the cult leader, why does he automatically get the property with the house and not you?

A gift without a right of reclamation would also be super easy.

Erase everything and draft an equal contract.

Well, because he is the owner of the property and generously gives you half.
One should have a bit of trust if they plan their whole life together.
But then every single detail is examined with a fine-tooth comb. So that the poor woman does not end up in any situation where she is financially disadvantaged.

I find it kind of funny how the OP, judging by the length of her text, apparently worries that there is a right of reclamation in very unlikely situations and how to circumvent it. Does her husband even know about this?

I can only speak for myself, but if my marriage were to fall apart, the financial aspect would be the last thing I would think about. It’s sad enough when you love each other and for whatever reason, the relationship is destroyed. Material things wouldn’t matter to me in such cases.

But sure, one should secure themselves for all eventualities.

A house for 180k is nowhere to be found in Germany either, how do you come to this assumption?

You apparently know Germany very well.

I find it quite funny how the OP, judging by the length of her text, seems to be concerned that there is a right of reclamation in very unlikely situations and how to circumvent it. Does her husband know that too?

Yes, he knows that I am asking here. When you read such a contract, you should read it carefully. And I just had a few questions and hoped you could help me. I don't want to circumvent anything, but this already involves a considerable amount that I don't spend every day. I am sure those cases will not occur, but you should still analyze what is written, right? For my boyfriend, a gift is a gift. If he wanted a right of reclamation, then it wouldn't be a gift for him.

I have absolutely no idea what is supposed to be funny about it.

I can only speak for myself, but if my marriage were to fail, the financial aspect would be the last thing I would think about.

As soon as you are in that situation, you definitely think about it. Because that can significantly affect your life afterwards – besides the separation. Clear conditions from the start are already worthwhile.

I am sure that these cases will not occur, but one should still analyze what has been written, right?

And what if they do? I still see only one possibility that is truly fair. You buy out half of the property share. Clear conditions – then each owns half.

Expenses from the assets of the respective owner are to be reimbursed against invoice proof or compensated by assumption of debt,

And if there is no invoice anymore? Then you’re screwed.

but at most up to the amount of the still existing increase in value due to time, insofar as it has not only served to maintain the property in its current condition but for its improvement or expansion and has been carried out with the written consent of the entitled party.

Who determines the existing increase in value due to time on what basis? Obtain written consent every single time? You build a small barbecue area and need your friend’s consent for that or necessarily the invoice. The contract is legally great but not realistic.

Thank you very much for your help, nordanney! We will make another appointment with the notary and convert it into a purchase agreement after all. Thank you for also critically reviewing the paragraphs.