Hello Michael,
Hopefully our parents will be with us for many more years. And therefore we do not want and cannot divide all the assets already now.
It is possible, and under certain circumstances also sensible. For the anticipated inheritance, which is the topic here, you will need a notary anyway, with whom you should discuss the whole matter in advance together with your brother.
We could agree to transfer half to me and the other half including the property remains with my parents. In this case, I would now have to pay my brother for a quarter.
I suspect there are several misconceptions here:
Let's assume the total assets of your parents currently have a value of €400K, the entire property is worth €200K, and the house standing on it is also worth €200K. Now you receive half of the property value from this estate, so €100K. There remain €300K, which initially remain with your parents or could also be transferred to your brother. You therefore receive €100K now, your brother the value that the house has in the event of inheritance, or he now receives €300K minus a value to be calculated for your parents' usufruct right, which - sorry that this sounds macabre now, but it cannot be done otherwise - is calculated based on the official mortality table, i.e. the life expectancy of the parents.
That your brother’s value is lower than yours would be possible in this constellation but rather unlikely.
Since I already have the possibility to build now and my brother only receives his inheritance hopefully in many years, the idea was that he as “compensation” gets the house. I can live with that.
That is possible, but you most likely do not have to pay him anything, because your brother’s value is presumably higher than yours.
The actual question is what would happen with the mortgage.
It is recommended to carry out the division of the property now, if possible. That would eliminate this and further problems. If the division is absolutely not desired or cannot be technically executed, discuss this case in detail with a notary, architect, and surveyor.
The solution of a completely independent new build is clearly to be favored, even if an extension is made to the existing building in the form of a semi-detached house or similar.
Best regards Dirk Grafe