Dresdnerin
2024-10-05 22:52:22
- #1
Dear community,
we have a situation that is now also affecting our health. Therefore, I am now looking for advice, help, tips here.
The following happened to us. A relative who owned more than half of a house and property has passed away. I am one of the heirs. We heirs are in agreement among ourselves and no one wants to take advantage of the other. In this regard, everything is fine.
However, the part to which the other part of the house and property belongs (less than half) is not an heir but is registered in the land register along with the deceased person. The apartment that belongs to this person has been vacant for many years and not rented out. The other apartment is inhabited by the wife of the deceased. It is a 100-year-old, unrenovated two-family house. The property is about 1000 sqm. There are no liabilities such as loans or anything else. The house completely belongs to both residential parties.
There was a purely verbal agreement between the deceased person and another person who is entitled to the inheritance of the unoccupied apartment but does not live there that there would be a payout so that the deceased person, respectively us survivors, would then own everything. A substantial sum flowed from the deceased person to the person entitled to the inheritance of the unoccupied apartment. However, the persons who own the unoccupied apartment are still alive, so this inheritance event has not yet occurred.
Now we heirs of the inhabited apartment have asked the parties of the other apartment to gift the rest to us heirs since the payout for the outstanding inheritance had already been made. However, this party now wants money again to carry out the "gift." The money is not available and was not agreed upon. Please refrain from comments like "Why isn’t it in writing." This was not within my power to arrange. The deceased person mistakenly trusted the rest of the family.
There is also no valuation for the house. The other part of the family vastly overestimates the value. Should the house be compulsorily appraised? According to the land unit value, the property is worth €350,000. The house is about 220 sqm in size.
We had a construction company inspect it and they basically tore the house apart because it really needs a complete renovation. The roof needs to be raised, the roof insulation is damp, the floor between the living floors is hollow and therefore uninsulated, the roof has 20-year-old bitumen shingles, cracks in the walls, the electrical system needs to be completely redone, and all heating pipes must be replaced, as well as 50% of the windows in the house. My husband and I, who are supposed to take over the house at the request of the deceased (no will), have no craftsmanship skills and are also tied up with work and several children of kindergarten age. The construction expert said renovation/modernization around €250,000 +/-.
The amount that the person who has actually already been paid now wants, on top of the money they have already received and what we would have in construction costs, far exceeds our borrowing capacity.
In addition, there is a partition declaration between the two residential unit owners. However, this only states the division of living spaces and not the division of the land. Therefore, according to the lawyer, every square meter belongs partly to one and partly to the other owner party. Therefore, only the apartments can be sold individually and a usage agreement would have to be made for the garden. Thus, nothing can be done in the garden without asking the other party for permission.
Has anyone had a similar situation or can say anything about this?
I am grateful for any constructive contribution.
As said, it is already affecting our health and a solution must be found.
Many thanks and have a nice evening
we have a situation that is now also affecting our health. Therefore, I am now looking for advice, help, tips here.
The following happened to us. A relative who owned more than half of a house and property has passed away. I am one of the heirs. We heirs are in agreement among ourselves and no one wants to take advantage of the other. In this regard, everything is fine.
However, the part to which the other part of the house and property belongs (less than half) is not an heir but is registered in the land register along with the deceased person. The apartment that belongs to this person has been vacant for many years and not rented out. The other apartment is inhabited by the wife of the deceased. It is a 100-year-old, unrenovated two-family house. The property is about 1000 sqm. There are no liabilities such as loans or anything else. The house completely belongs to both residential parties.
There was a purely verbal agreement between the deceased person and another person who is entitled to the inheritance of the unoccupied apartment but does not live there that there would be a payout so that the deceased person, respectively us survivors, would then own everything. A substantial sum flowed from the deceased person to the person entitled to the inheritance of the unoccupied apartment. However, the persons who own the unoccupied apartment are still alive, so this inheritance event has not yet occurred.
Now we heirs of the inhabited apartment have asked the parties of the other apartment to gift the rest to us heirs since the payout for the outstanding inheritance had already been made. However, this party now wants money again to carry out the "gift." The money is not available and was not agreed upon. Please refrain from comments like "Why isn’t it in writing." This was not within my power to arrange. The deceased person mistakenly trusted the rest of the family.
There is also no valuation for the house. The other part of the family vastly overestimates the value. Should the house be compulsorily appraised? According to the land unit value, the property is worth €350,000. The house is about 220 sqm in size.
We had a construction company inspect it and they basically tore the house apart because it really needs a complete renovation. The roof needs to be raised, the roof insulation is damp, the floor between the living floors is hollow and therefore uninsulated, the roof has 20-year-old bitumen shingles, cracks in the walls, the electrical system needs to be completely redone, and all heating pipes must be replaced, as well as 50% of the windows in the house. My husband and I, who are supposed to take over the house at the request of the deceased (no will), have no craftsmanship skills and are also tied up with work and several children of kindergarten age. The construction expert said renovation/modernization around €250,000 +/-.
The amount that the person who has actually already been paid now wants, on top of the money they have already received and what we would have in construction costs, far exceeds our borrowing capacity.
In addition, there is a partition declaration between the two residential unit owners. However, this only states the division of living spaces and not the division of the land. Therefore, according to the lawyer, every square meter belongs partly to one and partly to the other owner party. Therefore, only the apartments can be sold individually and a usage agreement would have to be made for the garden. Thus, nothing can be done in the garden without asking the other party for permission.
Has anyone had a similar situation or can say anything about this?
I am grateful for any constructive contribution.
As said, it is already affecting our health and a solution must be found.
Many thanks and have a nice evening