Property purchase - for 2 people & one falls into a coma?

  • Erstellt am 2019-02-05 22:10:45

o0Julia0o

2019-02-05 22:10:45
  • #1
Hello, we would like to buy a piece of land. It should belong to both persons (not related, or married or anything like that, just friends). Is that possible?

So if one is in a coma, the other should be able to manage/use the property. And not the family or anything of the respective other person. The same applies in case of death. The property tax assessments should only be sent to one person.

No single person should be able to sell the property alone. Except if one gets into financial distress and wants to receive social benefits, then it would have to be forcibly auctioned through the office. But otherwise not. Although the coma situation would also be a matter. That costs money too... Then the property would be lost or halved. Which half would remain for person X & which one would the office auction off in such a case?

How is that? Is something like this possible?
 

Fuchur

2019-02-05 22:20:09
  • #2
If two people register as owners in the land register, they have joint ownership. So there is no "my half" and "yours," but each owns an economic half of the entire property. Therefore, one half cannot truly be auctioned or sold, but only this economic claim.

Much of the rest is contradictory. You can prevent one from making unilateral decisions, but at the same time you want, in case of emergency, the other to be able to act alone. That does not fit together. You have to decide what you want. Possibly there are still complex constructions with internal powers of attorney, declarations of division, etc., but those are clearly cases for specialist legal advice.

The case of inheritance is also a problem. The property is an asset and is inherited. If you do not want that, such things have to be included in a mutual will, with a possible payout claim of the value against the heirs.

You should at least ask why such a construction is absolutely necessary. Many roads lead to Rome if you know what your actual goal is.
 

Müllerin

2019-02-05 22:21:03
  • #3
Ask a notary if it is possible for the family not to receive a compulsory portion in the case of unmarried couples. I cannot imagine that, but precisely for such contracts they exist.
 

nordanney

2019-02-05 22:23:18
  • #4

Yep.


Legally secure this through powers of attorney. That works.


Keep in mind the compulsory portions for the family, you must be able to pay out even without selling the property. Disinheritance is not that simple.


They are sent to the owner(s). You cannot influence that.


Two owners mean two sellers, who must agree.


The authorities do not conduct forced auctions! Also, ownership (property with house) does not necessarily have to be sold. Sometimes it is even cheaper for the authorities than funding your rent.


An ideal half cannot be auctioned off. See the previous answer.

With your very extensive (legal) questions, you should definitely obtain legal advice. This forum is helpful, but it cannot replace a lawyer.
 

ypg

2019-02-05 22:33:14
  • #5
This concerns everyone who builds or buys a house together without being married.
For the coma story:
Kinship is thicker than blood. Nothing helps except going to a lawyer or family notary regarding care directives, power of attorney, etc.

Property is safe from relatives as long as more debts can be inherited, so the inheritance is rejected upon death.
Even if you secure yourselves testamentarily, first-degree relatives can insist on their compulsory portion. The inheritance or estate is determined by dividing the property value by 2. There are 2 ideal parts of the property. No real division. Usually, this means the knockout of a dream home and a dreamed life when you have to pay out the compulsory portions.
Not only does the partner die, but the house must also be sold because there is no significant liquid assets available.
That's somehow how it is... I didn't want to put up with that and got married. After all, our house is our baby ;)
These worries and hardships were experienced until a few years ago by homosexuals who could not marry.
I think marriage is not the worst decision because you also emotionally bind yourselves even more to the house together.
 

HilfeHilfe

2019-02-06 06:45:04
  • #6
Powers of attorney and living will. Or how do you want to intervene if you are in a coma??
 

Similar topics
17.04.2016Value of land and bungalow B5511
08.11.2010Offer for a semi-detached house with land, okay?11
07.07.2011Financing land now, house in 6 months?17
14.08.2012Build a home? Land in prospect19
25.03.2012Land now - house construction next year23
31.05.2012Financing of the property: Does the entire financing need to be secured?11
04.09.2012Land paid - Building with an additional loan?16
02.09.2013Angular bungalow on 800m² plot - financially feasible?16
09.02.2013What do you think of this property?11
28.05.2013I am getting a plot of land as a gift. How do I finance the construction?16
03.06.2013Buying land from father - building a house yes or no?11
09.04.2014Questions/neglected plot/meadow, determining construction measures44
12.10.2015Plot with some special features - various questions34
22.12.2019Crane from the neighbor on my property67
01.02.2021Residential construction on existing building - parents' property19
24.02.2020Building on existing land17
24.06.2020House on parents' property - inheritance problems?161
09.07.2020Register a building burden retroactively on your own property?13
12.08.2023Bank wants co-ownership of the property - experiences?52
09.09.2024Building on family-owned property - green space with ground monument37

Oben