Climbee
2019-05-27 08:22:32
- #1
Whoever is listed in the land register also owns the house that stands on it. Period.
Now, the land belongs to your girlfriend (or will belong to her), if you build a house on it together, then it belongs to both of you - no matter who pays for the house.
If she finances the house alone, that is also fine - if you finance it together, then you have to come up with a solution.
If you are to help finance, meaning you also become a debtor with the bank, the bank will insist that you are registered in the land register with a share - otherwise, you will not get the loan.
Then it also depends on how many shares you are supposed to have in the land register. From the cost perspective, it is cheapest if your girlfriend gives you a share of the land as a gift, under the maximum amount of €20,000 (if you get married, the exemption amount will be higher, but if you are unmarried, it is only €20,000). For that, inquire about the standard land value and calculate how many square meters your girlfriend can gift you that are under the mentioned maximum amount. Then you will be entered in the land register, and there should be nothing standing in the way of financing.
Do this BEFORE you start building, because then only the land price is relevant - if the house is already built, it will be included in the calculation.
However, whether this share also represents the share you contribute to the house is another matter.
If you finance the house equally, then the €20,000 land share gift probably won’t be sufficient to reflect that. Then you can either increase the shares of the land that you are supposed to receive accordingly. Then you would make a gift over €20,000 at the notary and sell the share that goes beyond that. But you have to be careful: first of all, real estate transfer tax will of course apply AND there must be actual proof of money flow - otherwise, it is a gift and will be taxed accordingly (usually higher than the real estate transfer tax).
Another option: stick to the fact that you only own land shares up to a maximum value of €20,000 and regulate a division in case of separation in a contract notarized by a notary. That is also possible and the agreements made there only come into effect if you should separate.
Now, the land belongs to your girlfriend (or will belong to her), if you build a house on it together, then it belongs to both of you - no matter who pays for the house.
If she finances the house alone, that is also fine - if you finance it together, then you have to come up with a solution.
If you are to help finance, meaning you also become a debtor with the bank, the bank will insist that you are registered in the land register with a share - otherwise, you will not get the loan.
Then it also depends on how many shares you are supposed to have in the land register. From the cost perspective, it is cheapest if your girlfriend gives you a share of the land as a gift, under the maximum amount of €20,000 (if you get married, the exemption amount will be higher, but if you are unmarried, it is only €20,000). For that, inquire about the standard land value and calculate how many square meters your girlfriend can gift you that are under the mentioned maximum amount. Then you will be entered in the land register, and there should be nothing standing in the way of financing.
Do this BEFORE you start building, because then only the land price is relevant - if the house is already built, it will be included in the calculation.
However, whether this share also represents the share you contribute to the house is another matter.
If you finance the house equally, then the €20,000 land share gift probably won’t be sufficient to reflect that. Then you can either increase the shares of the land that you are supposed to receive accordingly. Then you would make a gift over €20,000 at the notary and sell the share that goes beyond that. But you have to be careful: first of all, real estate transfer tax will of course apply AND there must be actual proof of money flow - otherwise, it is a gift and will be taxed accordingly (usually higher than the real estate transfer tax).
Another option: stick to the fact that you only own land shares up to a maximum value of €20,000 and regulate a division in case of separation in a contract notarized by a notary. That is also possible and the agreements made there only come into effect if you should separate.