Mortgage in land partition

  • Erstellt am 2016-08-08 10:09:09

Michael187

2016-08-08 10:09:09
  • #1
Hello dear house-building community,

The following situation:

My parents own a large debt-free property with a house.

I would like to add an extension to my parents' house.

I have a brother.

We are considering how we can fairly regulate this within the family for all parties involved.

The current idea is as follows:

The property remains with my parents. One day, when it comes to inheritance, I will receive one half of the property and my brother the other half including the house. My parents have offered to register a mortgage on their property to make it easier for me to finance my house.

Now my question:

What happens to the mortgage when my brother gets his part of the property?

Is it possible to somehow delete the mortgage entry when the property is transferred?
 

hbf12

2016-08-08 10:31:42
  • #2
What speaks against separating the property now? Then the mortgage can also only be on the property with the new house.
 

HilfeHilfe

2016-08-08 10:55:19
  • #3
Only leads to problems if in a few years you no longer "get along" with your brother.

I would divide it now. You can certainly register a partial land charge on the part of your parents' property.

What I don’t understand is, your parents’ house is also worth something. Why should your brother get half the property + the house? Or is he paying you something for the house?
 

Michael187

2016-08-08 11:13:47
  • #4
Thank you for the answers. Hopefully our parents will be with us for many more years. And therefore we do not want and cannot divide all the assets now. Who knows what the future holds. We could agree to transfer half to me and the other half along with the property remains with my parents. In this case, I would have to pay my brother a quarter now. Since I already have the possibility to build now and my brother will hopefully receive his inheritance in many years, the idea was that he would get the house as "compensation". I can live with that. But we are still going through the different options. The actual question is what would happen with the mortgage.
 

Jochen104

2016-08-08 11:21:26
  • #5



Did I understand that correctly? You want to add an extension to the house and then eventually leave the house (without the extension) to your brother?
As far as I know, it is not possible to divide a plot of land by means of a house. But can surely help you better with that.
 

Wastl

2016-08-08 11:55:13
  • #6
Why do you have to pay your brother 1/4 if you are already sharing? Your parents can give you money / property tax-free up to the value of x. Your brother has nothing to do with that. Especially with regard to care and so on, it makes sense to do this now. Of course, you can separate the house and the extension – it’s no different with a semi-detached house.
 

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