Taking possession before gift / usufruct / renting - disadvantages?

  • Erstellt am 2021-03-31 13:22:34

Frelili

2021-03-31 20:16:59
  • #1
That is ultimately what matters to us, whether we can proceed this way, ...:




... or whether that in any way influences or obstructs the subsequent steps "notary, gift, valuations, or, or, or."

In other words, whether for any reason it would be advisable to proceed with the upcoming steps with the apartment still vacant and completely unoccupied, or if it does not matter.
 

Frelili

2021-03-31 20:28:14
  • #2
Yes and no. Not quite. At the beginning: Tenant --> You, no, there is no tenant[/I] Landlord --> Your parents, no, there is no tenant and thus no landlord The apartment belongs to the parents, is empty, is unrented and uninhabited, and no one is registered at the address. And later after the gift: Owner --> You, yes, the child Usufructuary --> Your parents, yes, the parents Landlord --> Your parents (if not owner-occupied), yes, the parents Tenant ---> the child
 

Ysop***

2021-03-31 20:43:04
  • #3
I am honest, I don't get it. Why should the child rent their own apartment?
 

RomeoZwo

2021-03-31 20:44:53
  • #4


I thought the child was supposed to move in before the transfer? In the end, it doesn't really matter. I just wanted to say that "optimized" rents could possibly have a disadvantage concerning gift tax.
 

RomeoZwo

2021-03-31 20:46:49
  • #5

Because someone else, here the parents, have usufruct rights on the apartment. Whether the whole thing makes sense tax-wise (keyword: parents’ income tax) is another matter.
With the usufruct, you can also secure that the child doesn’t just sell the apartment (in which one might want to live later oneself).

P.S. Since the child is of legal age (they are supposed to rent), one can also consider a right of reclaim by the parents.
 

Ysop***

2021-03-31 20:57:22
  • #6
Ah, I was thinking of a simple right of residence for the parents. I consider a reclaiming right unlikely. Because the parents actually want to move into the apartment after one year. In that case, there would have been no need to give a gift in the first place.
 

Similar topics
25.10.2008Is laundry drying prohibited in the new apartment?!10
22.05.2013Feng Shui in the apartment?11
04.05.2015Termination of apartment lease; landlord moved without providing a new address14
24.05.2013Build big? Or continue renting?23
09.11.2014Landlord provides false information regarding the electricity bill of the gas heating system.14
11.09.2018Buy an apartment on credit and rent it out37
02.08.2016Only problems with the new tenant of the old apartment because of whitewashing!21
07.09.2016Construction costs and financing for apartment or house132
06.10.2016Rented apartment as a substitute for equity capital11
09.07.2017First an apartment, then build a house?17
04.12.2017Floor plan of a two-family house, ground floor and attic apartment25
16.11.2017Apartment renovated - unpleasant smell?!12
27.02.2018Too high humidity in the apartment. 60-70% in winter33
05.02.2018Question about renovation (plastering) of an apartment in a residential block.27
06.04.2018Floor plan change - Load-bearing walls in the apartment. What to do?14
06.06.2018Rent a house or buy/build? How did you decide?84
19.11.2018Renovation loan after gift11
25.06.2019Berlin caps the rents - does it work?31
11.09.2020Gift from a friend - right of reclaim32
30.01.2022Unexpected sale of rented apartment. Options?72

Oben