Transfer house ownership -> general questions

Actually, it is good to give with a warm hand. When I put myself in the parents' shoes, it is like this. There is a house, and a piece of land, and two sons. One already gets the building land and some extra money on top. The other gets the house, and in good time, so that even in the case of care, the state cannot access it. As parents, I would secure a right of residence for myself, lifelong. For both. I would have it assured that in case of care, I am supported, and then you simply transfer ownership. That is completely normal. Karsten

As a parent, I would secure a lifelong right of residence, for both. I would ensure that I am supported in case of needing care, and then you simply transfer ownership. That is completely normal. Karsten

Fine and good. Then just imagine that your house now has one more floor and your son and his wife move in there. Your wife is eventually no more. Now your son passes away. A year of mourning passes and the daughter-in-law brings in some good-for-nothing except criminal stuff. For weeks, life goes on in your... uh... former house. At some point, you feel like a victim of bullying, even tormented... that too can mean a right of residence.

One could also imagine an unexpected extreme increase in value (new highway connection or something) of the property, which would make the presenting heirs appear very unevenly. One has the great property, the other the worthless remainder from then on. What then?

No, with such inheritance games you can ruin too much. Ruin families.

Why not like this: Both children 50% each in the land register, no matter who lives there. Only after the death of both parents may new agreements be made... can something like that be safely regulated by a notary?

The OP who started the thread lives in Bavaria, where a normal single-family house with sufficient land often easily exceeds €400,000, so I find it very reasonable of the parents to already be thinking about it.

The €400,000 applies per donor (and donee). In this case, it may therefore be worth €800,000 (or €840,000 if the OP is included).

The tax office and inheritance law could not care less whether you want to live there or not.

Not quite. If the living area does not exceed 200 sqm and you move in "immediately" (whatever that may mean) and then stay living there for at least 10 years, you always inherit real estate from your parents tax-free. The value then does not matter.

I mean the 200sqm limit no longer applies. Owner-occupied family property is tax-free. I am with Nordlys. Giving generously is better. Just because value shifts may occur in the future, it makes no sense not to pass it on. It helps most at the moment when the children need it (land, house, money...). At that time, I would distribute it evenly. What happens in the future is unforeseeable. Putting the children 50/50 on the land register usually involves more potential for conflict. There are several ways to secure it properly by contract. This applies equally to couples. For example, my wife is not listed on the land register. I pay for the entire house and land. If I were to register her, it would be a gift and, depending on the amount, taxable. If I die, it is currently tax-free. In the event of a separation, she is secured (notarial contract). Additionally, she has a very secure job (civil servant) and is currently financing a large condominium that she rents out.