Gift / Semi-detached house / Land register

2019-10-23 15:11:27

Do I understand that correctly? You want to be the sole owner in the land register (you write: It is planned that my sister and I will each be the owners of the plots and the houses (it will be a semi-detached house). ) but your husband is supposed to be involved in the financing? The case has been discussed here many times, but usually the woman was the 'stupid one'. How do you come up with the €200,000 land value in the outer area? Probably no one except you is allowed to build there, so I doubt the amount. A prenuptial agreement seems unnecessary to me, what speaks against simply assigning the shares in the land register according to the actual contribution? Let’s assume the house costs €400,000 and you effectively contribute €100,000 through the land. Accordingly, you get 3/5, your husband 2/5.

2019-10-23 15:20:04

Irrelevant in a legal sense, yes. Emotionally not irrelevant at all. We are talking about the inherited property on the family farm. Of course, in the event of a divorce, you don’t want the ex or a stranger to live there. It would also be tragic if the OP had to overextend herself financially in the event of a divorce to avoid “harming” the rest of the family. Inheritance does not count towards the marital property equalization. The value of the property remains hers either way. However, the ownership will change; he usually gets listed in the land register as well. In the marriage contract, you can then stipulate something like a right of first refusal for her and/or her family, should a separation occur.

I think that sums it up. My husband and I want that, in the event of a separation, everything we financed together (i.e., the house) is shared, but that he does not benefit from the gift of the property afterwards. I would not want that with a gift from his parents.

2019-10-23 19:35:57

Inheritance does not flow into the equalization of accrued gains.

That is correct, but we had a similar thread recently. The essence was that if both are registered in the land register with 50%, a partial gift of the inheritance has effectively taken place. For example, if you split 40% and 60% in the land register, one person is disadvantaged in the case of accrued gains due to increases in value.

2019-10-23 23:01:33

That's true, but we had a similar thread recently. The essence was that if both are registered in the land register with 50%, it effectively constitutes a partial gift of the inheritance. If, for example, 40% and 60% are divided in the land register, then one person is disadvantaged in the event of gains due to value appreciation.

Unfortunately, that is a wrong conclusion from the other thread. Positive value appreciation is fully balanced 50/50, regardless of the ownership shares of the property. It can only be disadvantageous for the person who contributes more money (from premarital assets or inheritance/gift) into the property than they register as their share in the land register. And this disadvantage only arises if this person falls into the area of negative gains during a divorce... Mathematically, the whole thing is quite complicated, but in the numerical example in the thread, it is clearly the case.

2019-10-25 09:10:52

He benefits from the accrued gains whether or not he is registered in the land register. In one case, he has a claim to the house and in the other case only to the money. Both have advantages and disadvantages. The rights to the house are practically the same whether you own 10 or 90%. In the event of a separation, one does not want to live under the same roof anyway, so it does not matter whether you claim 10 or 90% of the living space-

2019-10-25 09:44:40

I also understood it that way, that in the end it doesn’t matter, because due to the increase everything from the jointly financed house is split in two anyway. We have now arranged an appointment with the lawyer anyway to get ourselves protected. Thank you very much for the many answers and assessments, that definitely helps!

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Gift / Semi-detached house / Land register

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