House transfer / buying from ex with ongoing loan / costs

  • Erstellt am 2021-11-16 18:18:31

Benutzer200

2021-11-18 09:49:31
  • #1
So in the end, one did give something to the other as a gift. It just wasn’t recorded as a gift. Or there was another consideration. "The gift (Latin donatio) is a transfer by which someone enriches another out of their assets and both parties agree that the transfer is gratuitous (§ 516 para. 1 Building Code)."
 

apokolok

2021-11-18 10:50:57
  • #2
There is no wealth at all. The house is offset by corresponding debts. In that respect, nothing is being given away. What one calls such a process is unclear to me; the notary surely knows more about it.
 

Benutzer200

2021-11-18 10:59:03
  • #3
There is only one legal case that is not a gift, sale, inheritance (including advance inheritance) or the like. This is the transfer of a property/real estate between spouses without consideration. This is not a gift. All other legal transactions can be classified under the cases I mentioned. In the case mentioned, one partner "sells" his share to the other partner. Instead of paying money, debts are assumed. Transferring a property is simply a common expression for a variety of possible legal transactions.
 

rhönschaf

2021-11-18 11:14:45
  • #4


First of all, thank you very much for the answers and suggestions!

Summary:

I am buying the house and the "purchase price" would be the assumption of the loan (halved, since there are two of us on it). Everything through a notary, as prescribed.

How is the amount of real estate transfer tax calculated then? Does the house have to be appraised or will the tax office accept the figures mentioned? In our case, they come quite close to the actual value.
 

ypg

2021-11-18 11:15:29
  • #5

Definitely not. He is just removed from the land register.
 

Benutzer200

2021-11-18 11:18:20
  • #6
So he has given up assets and now someone else has them. If I hand a beggar 100€, is that then also not a gift?
 

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