Unfortunately, it has to be: The house in case of inheritance, spousal protection

In contrast to the forced auction, the rights registered in the land register that encumber the applicant's co-ownership share or that precede or are equivalent to one of these rights remain in effect in the partition auction, § 182 ZVG

Thank you all! These are really many helpful tips and also food for thought, especially the one about the gift. As far as I have read now (it is really exhausting as a layperson to fight through it), a gift is actually only a genuine gift if there is no consideration. If there is, but the consideration is of lesser value than the gifted item, it is at least a mixed gift. However, if an equivalent consideration is agreed upon, it is no longer a gift at all (which makes sense). The question is just whether this is so easily applicable here.

I have contacted a lawyer about this and will see what he says, or rather will report here.

I also really like the idea of the Risiko LV, even better than the usufruct idea, but for me personally it probably is not an option, since due to my GdB and underlying illness I would probably get a rejection. But my husband has one.

Thank you all! These are really many helpful tips and also food for thought, especially the one about the gift. As far as I have read now (it is really exhausting for a layperson to fight through this), a gift is actually only a true gift if there is no consideration. If there is, but the consideration is of lesser value than the gifted item, it is at least still a mixed gift. However, if an equivalent consideration is agreed upon, it is no longer a gift at all (which also makes sense). The question is just whether this is that easily applicable here.

I once wrote to a lawyer about this and will see what he says, or rather will report here.

I also find the idea of the risk life insurance great, even better than the usufruct idea, but for me personally it probably does not come into question, as I would probably be rejected because of my degree of disability and underlying illness. However, my husband has one.

hi, then check out a provider who does not ask so many health questions... usually these are smaller sums like 50k-100k

it is then really a good deal and investment of 50-100 € / year

Thanks HilfeHilfe, I looked into it, but apparently health questions are mandatory today? The providers "without" often (maybe even always) offer so-called funeral insurance. They show me pretty high premiums for very low amounts. For example, 20 euros per month for 7,500 euros funeral benefit in case of death, but when I look at it over 30 years (I'm 42), I'll soon pay more in premiums than the funeral benefit paid out. I also tried an online contract now (risk life insurance, maybe it will go through with my degree of disability). Let’s see what they say.

The lawyer called back today regarding the usufruct construct. As I feared, it’s not that simple.

It is "possible" to do it that way (mutual granting of usufruct to reduce the compulsory portion), but if he were the opposing party’s lawyer, he would challenge it as immoral since it is a zero-sum game and solely aimed at reducing the compulsory portion. To make it more "litigation-proof," at least a concrete counterperformance would have to be agreed upon, such as care services in old age. Then the chance that it passes/holds up would be good.

However, he pointed out that the financial benefit from this might be less than expected or even negated:

- such a construct will certainly prompt the opposing party to sue (lawyer and court costs)
- if the property is still under mortgage anyway (which is likely, since this construct would only be relevant if the parents outlive their child, i.e. for a maximum of 15 years), then the outstanding debt reduces the inheritance and thus the compulsory portion.
- registering the usufruct and possibly later deleting it upon sale also costs money for the notary, land register, and district court.

In the end, the possible benefit is probably not in a good ratio to the costs and lack of legal certainty. Added to that is the quite low probability that the case occurs at all, that the parents outlive their child. I think the idea is buried with that ;) Nevertheless, interesting to have thought about it and I thank you all for the many hints!

I would contact an experienced broker for that ... So an insurance broker