Transfer property / not married

  • Erstellt am 2017-02-08 17:59:30

Abzahler

2017-02-09 11:14:14
  • #1


Just reading the post, I had to think that good old Che with his separation club would surely come along. And when I came across your post, I had to grin a lot!

The original poster wrote that it should be transferred to both, not just to his girlfriend.
 

Che.guevara

2017-02-09 11:18:34
  • #2
... and daily the groundhog greets ...
 

andimann

2017-02-09 20:50:15
  • #3
Hi,



Marriage is never absolutely necessary, but it can sometimes be helpful...

Costs for the transfer, etc. are quite similar to buying. Your problem will be if your tax office finds out and wants gift tax. Your tax allowance is only 20k€. If the property is worth e.g. 100k€, you still have to pay tax on 30k€ (half of 100k is 50k minus 20k allowance). Without a family relationship, that's 30% tax; even if you marry your girlfriend beforehand, you still pay 20% tax.

Gifts can sometimes become quite expensive...

So it could certainly be an approach to have your girlfriend listed alone in the land register. That saves easily 20,000 €. Only then, of course, the value distribution of the house still needs to be somehow arranged.

Best regards,

Andreas
 

Chris2806

2017-02-09 21:44:56
  • #4
First of all, thank you very much for all the answers
To maybe clarify one point, it is definitely planned to get married, but we would like to do this after the construction...

So I would have to pay gift tax in any case for an entry in the land register? Regardless of whether married or not?

Regarding our current income situation: She approx. €1800 net / I approx. €2550 net

Land value for us approx. €80 / sqm

[HInterhypofbebauung] possible (was also recently approved for the neighbor opposite). In addition, the access road is considered an "industrial street."

Would it possibly be an option to transfer only part of the property? For example 60/5 and leave the other part as a "green area"?
The issue of transferring to me in case of an accident has already been clarified with the parents and sister (they are practically urging us to build there )
We would then also have the whole thing legally secured by contract.
 

Che.guevara

2017-02-10 03:05:38
  • #5
At a value of TEUR 80, it could also be the case that you buy half of the property from her parents for TEUR 40 in the usual way.

The purchase price is deferred as a loan, 1 percent, 20 years - it should run as long as the financing.

Parents gift the loan to the daughter. You pay back the loan to the partner, who uses it for repayment.

Then you can repay together in the future, and each owns half.

Slightly more notary and land registry fees but no gift tax and you are on the land register!
 

Che.guevara

2017-02-10 03:16:02
  • #6
I assumed the TEUR 80, I can't imagine that even the most remote sqm still costs 80 €. When purchasing the half share, you can also be lower by the tax-free amount of TEUR 20 than the actual values. That then saves real estate transfer tax, which is also incurred there. It's called a mixed gift, because purchase and gift are combined in one!
 

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