Is it possible to transfer the apartment to a GbR without any issues?

  • Erstellt am 2020-06-05 21:19:32

mondbau

2020-06-05 21:19:32
  • #1
Hello everyone, how can an existing apartment be transferred into a GbR? Has anyone ever done something like that? 50% belongs to my mother and 50% to me. Background: If the apartment were in a GbR, one would be entitled to Baukindergeld. Otherwise not.
 

nordanney

2020-06-05 21:34:13
  • #2
You can adjust the ownership proportions as needed. Whether it makes sense (notary fees, property transfer tax, financing options, etc.) is another matter. What exactly is supposed to be transferred and how?
 

mondbau

2020-06-05 21:37:32
  • #3
Transferring a condominium into a GbR without generating any real estate transfer tax or similar charges.

Gesellschaft bürgerlichen Rechts (GbR)
A GbR is relatively easy to establish and involves manageable costs since no minimum capital is required. However, each GbR member is fully liable with their private assets for the liabilities of the GbR. A key feature is the gemeinsame Zweckverfügung of the members. Because decisions can only be made jointly, the GbR is more suitable for smaller groups.
 

nordanney

2020-06-05 21:52:08
  • #4

Phew. Do you have to extract all the information from thin air? I am a real estate banker and I also know what a GbR is.
Who is the owner of the property now?
Who is or is supposed to be a GbR partner?
Why transfer it into the aforementioned GbR?
Etc.

Just tell me what you specifically want and why specifically.
 

mondbau

2020-06-05 21:56:15
  • #5
hi nordanney, I have provided all the information above. The owners are son and mother each with 50%. The apartment is to be transferred to a GbR so that the son can receive Baukindergeld. The apartment does not generate any profit. The mother lives in it. Because GbR ownership is not considered private property, one is eligible for funding.
 

nordanney

2020-06-05 22:13:46
  • #6
There you go.

Then go to the notary and draw up a GbR contract in which the contribution of the [Objektes] to the GbR is provided for. That's it. If the shares do not change, it is not a "purchase."
 

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