Gift of family home, paying out siblings - when to go to the bank?

a) what does your other brother say about it? b) have you already spoken with your mother (how old is she, still completely healthy?)? c) how is your relationship with your mother otherwise? d) what do you imagine as a fair solution as an alternative to the payout? I'm also not sure how this is legally. presumably, if your mother is considered competent, nothing to be done?

She is just under 60 and fit :) There is little contact with my other brother. He knows nothing... The relationship between me, my brother 1, and mother was always quite good... I actually thought that brother 1 would pay me, my mother, and brother 2. But my mother doesn’t want an amount xx but monthly money. The payout price would of course be much less than what the house is worth. But that would be completely okay for me... this way everyone would benefit.. Maybe I also thought that after death the amounts paid so far to my mother would then go to me and my 2 brothers... so half/half up to a certain date... but that is also very tricky :(

It probably also depends on how the mother became the owner. It is often a Berlin will with the husband. And I don't know if she can just give it away like that. I would recommend a lawyer in any case.

It probably also depends on how the mother became the owner. Often it is a Berlin will with the husband. And I don't know if she can just give it away like that. I would recommend a lawyer in any case.

The house belongs to her alone! She can decide what is done.

So she bought it alone and was not the sole owner only after the death of your father. Have a look on Wikipedia under "Berliner Testament".

So she bought it alone and was not sole owner only after your father's death. Check Wikipedia for "Berliner Testament".

No, they are divorced. My father left the house to her. She is the sole name in the land register!

If my brother pays the monthly amount until, for example, my mother would be 90 years old, that would be equivalent to 1/4 of the expected price from today’s sale. Of course, he doesn’t have to take out a loan and also doesn’t have to pay any interest! When you calculate inflation, the amount in 20 years is anyway much less than it would be today... That also counts.. He says he wouldn’t be able to get a loan to pay out all 3...

Hello Anne,

we had a similar situation back then. My parents transferred the house to me (however with a rental contract between relatives, and it had not yet been paid off) I couldn’t (and didn’t want to) pay out my siblings at that time because we found the combination of building/renovating our own house plus an additional loan on my parents’ house simply too risky. So we postponed the payout date into the future and concluded a contract stating that I have to have paid out both by my nephew’s 18th birthday at the latest – of course, sooner is also possible.

Maybe that could be an approach.