Property sale / Bridging / Inheritance / Compulsory portion

  • Erstellt am 2025-01-30 22:14:42

Karlsonvomdach

2025-01-30 22:14:42
  • #1
Hello dear forum community,
I have a question regarding the following matter.

As the sole heir, I have inherited a property that I would like to sell. However, the deceased also has a daughter who is, of course, entitled to a compulsory portion. So far, so good.

The property will be sold through a bank. Since I would like to pay the compulsory portion to the lady as soon as possible, I would like to get an advance, maybe 1/3 of the value of the property, from the bank to settle this liability.

The money would then be repaid directly through the sale of the property.

Does a bank do such a transaction, is that common?

Do you have experience with such matters?

I look forward to reading your answers and thank you in advance.
 

K a t j a

2025-01-30 22:25:40
  • #2
Why should she receive her money before you? Besides, you also want to cover the bank fees for it. What do you get out of it?
 

nordanney

2025-01-30 22:30:44
  • #3

Property. Is something like this possible? It's called bridging finance. However, only the bank that is supposed to sell the house will do it.
Depending on the term, it can get really expensive. Since you cannot take a mortgage (BG) from consumers, I would personally charge well over 10%.
Additionally, possibly notary fees if a land charge is required.

Push the sale and pay out afterwards.
 

Karlsonvomdach

2025-01-30 22:32:27
  • #4
The compulsory portion claim is due immediately upon the death of the testator. From that moment on, it is inheritable and transferable (§ 2317 Absatz 2 Baugesetzbuch). The lady’s lawyer is causing quite a bit of stress and I would just like to get it out of the way as quickly as possible for myself. However, I currently do not have such a high equity available.
 

K a t j a

2025-01-30 22:59:05
  • #5
And what does your lawyer say about it?
 

nordanney

2025-01-30 23:03:52
  • #6
So you don’t want to pay earlier, but you have to. Just say that. Now let’s dig into memories from law lectures and real estate training. Yes, the entitled person can demand immediate payment of the compulsory portion of property. (!!!) But there are no deadlines in the law, only a "without delay." And that is defined in the Building Code as "without culpable delay." If payment is not immediately possible, as the sole heir you also have the right to time for the liquidation of the estate – if this is comprehensible (no money, no payment, money only from sale). You could also apply for a deferral (it’s also somewhere in the 2,000+ paragraphs), if immediate payment represents an unreasonable hardship for you (because the inheritance consists only of one property). You will then receive a court decision on this, but you must also prove that you are doing everything possible to promote the sale and generate liquidity. You will then receive a reasonable deadline from the court, which is somewhere between six and 12 months. However, you must pay interest on the compulsory portion for the late payment (this is also stated in the law, in the deferral paragraph). Why am I telling you this? So that hopefully your lawyer’s statement is confirmed. You have surely already consulted a lawyer in such a case and are not doing this alone with advice from the forum here? P.S. No legal advice, just layman knowledge.
 

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