Legal question regarding transfer, donation, and inheritance

  • Erstellt am 2017-03-08 13:54:53

wilsumer

2017-03-08 13:54:53
  • #1
Hello everyone,

we are facing a legal challenge with our construction project (conversion of an old cattle barn into residential use) and would like to ask for your help:

Situation:
My girlfriend (28) and I (30) - not yet married - want to act as developers for the mentioned property and ideally become owners. Of course, we want to pay no or as little tax as possible.

Starting point:
My father (60, full-time farmer) is the owner of the entire agricultural business, which also includes the cattle barn to be converted. Building permission is expected shortly.

Our question is, what would be the simplest and most cost-effective solution?

Best regards
-wilsumer-
 

Nordlys

2017-03-08 14:03:40
  • #2
Your father provides you with the land as a hereditary lease. After his death, you inherit it if you are both married. That would be a cost-effective option.
 

cip&ciop

2017-03-08 15:44:44
  • #3
I agree with the opinion of my predecessor. With friends of ours, it worked exactly the same way; that is also the simplest option.
 

wilsumer

2017-03-08 16:03:17
  • #4
I just read that leasehold is prohibited?
But we do not want/have to pay any rent, could we then set the symbolic euro as rent?
And last but not least, to what extent is my girlfriend protected? She signs the loan agreement as well and basically has no consideration on paper?
 

Nordlys

2017-03-08 23:31:07
  • #5
Who forbids that? The bank? [Freundinmkommt] is included in the land register. Whoever pays, also owns a share. Why doesn’t a lawyer or tax advisor advise you? Don’t rely on us laypeople on the internet. We don’t know the situation from afar at all.
 

Solveigh

2017-03-09 12:34:58
  • #6
We were excellently (and free of charge) advised at that time by the legal department of our farmers' association. They are very knowledgeable because this is their daily business.
 

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