What should be considered when financing or gifting a family home property?

You must report the gift to the tax office within three months. Then it continues as described.

You have to report the gift to the tax office within three months. Then it proceeds as described.

The value will very very likely be well below 400K. Would you also say that one should consult a tax advisor and a notary? We don't want to have much effort (time / costs).

The value will very very likely be well below 400K.

As I said, the tax office will inform you about that. Here, a realistic look at comparable properties nearby is already a good reference point. Depending on the age of the property, this might level out further. We didn’t need a notary or tax advisor for the inheritance; it was long too late for any tax tricks like usufruct or life estate. In your case, however, I would suggest consulting a notary; everything has to be properly regulated and especially notarized. That means you won’t be able to avoid the notary anyway.

One more thing, asked very directly: the gift was made over 10 years ago (deadline), my parents are becoming in need of care, do we as children have to bear any costs in any way (this is not our claim) or will the gifted property and our assets be used for the care?

The clawback of the gift is, as far as I know, no longer possible after 10 years. The other thing is parental support. Here, the social welfare agency, which covers the difference between pensions and long-term care insurance payments and the costs, can go after the children (and only these - not sons- or daughters-in-law) if they have a gross income of at least 100,000 EUR.

Hello everyone, I hope to get a few questions answered through your experiences, as we currently have the topic of gifting my parents' house on the agenda. Info: House (including land) with a value under <400K, parents are to have lifelong right of residence, approx. 50K debts (paid off by parents)

Until a property, according to today's market situation, can undoubtedly have such a low value even in Hintertupfing, the parents actually still have to be very young so that their right of residence reduces the value that much. If the mentioned debts of the parents are connected with the property, the creditor would presumably also have to be brought to the table (?). If I were in your place, I would discuss with a good (with emphasis on "good," the usual nonchalant slackers are not sufficient here!) tax advisor whether the property should possibly first be transferred into a "Mom & Dad GbR," oHG, or "Mom, Dad and Heirs KG" before you acquire it. On the one hand, this must not be viewed independently of the marital property regime and the parents' tax assessment, and on the other hand, I am also simply too lazy right now to rummage through your thread history regarding siblings to be paid out or similar and your own personal status etc. One way or another, securing against claims by later nursing care providers of the parents is by far not the only pitfall that can get in your way. It is best if you go to two tax advisors: one who knows the family and a second who gives a professional second opinion on the procedure (and possibly a third if these two do not reach the same conclusion). Have we already talked anywhere about the investments the property still requires?