You need to consider when gifting a property

During his lifetime, transfer or inherit? Many property owners don't know whether they should give away their own property or inherit. A gift Transfer by way

You need to consider when gifting a property
During his lifetime, transfer or inherit?

Many property owners don't know whether they should give away their own property or inherit. A gift Transfer by way of anticipated succession in his own lifetime may be a Alternative to the Inherit. Also a combination of the two approaches is conceivable.

The motivation may be different:

  • avoid inheritance tax
  • take Advantage of tax-free amounts
  • any threat of social assistance, recourse

"What path is the right one depends on many aspects. An in-depth legal and tax advice is essential here," says Dr. Felix Ungerer, managing Director of the chamber of notaries of Baden-Württemberg.

A variant: a property transfer, but still to keep the

'll be the donor wish To transfer the ownership of the properties, but still in the property, stay in or otherwise Benefit from, the legal arrangements: in addition to a contractual repayment right may be reserved to the donor is also the rights to use as a hedge. Such as a life-long right of residence.

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the recovery of the right to give

a return Is agreed upon right to claim, may require the donor in the Presence of certain conditions the gift back. Usually in such a clause in situations such as the death of the donee, bankruptcy, foreclosure or divorce will be governed.

don't Want to give the donor the gift was completely out of Hand, agreed a recovery right for the case that the donee sells the property without the consent of the donor or charged.

in the absence of such clause only to the statutory recovery rights for their own impoverishment or due to "gross Ingratitude" of the donee, the facts of the case are requirements very strictly remained in the donor. The agreed contractual recovery rights are protected, usually in the basic book by a so-called flag.

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usufruct and apartment rights

often reserved for use of rights of usufruct and apartment rights. Both are registered in the land book. Which law is chosen, is a question of the individual case.

"While the usufruct is always the right to use the entire property, can be ordered in a apartment right down to the individual spaces," explains Dr. Ungerer. There are also differences in terms of renting the property: In the case of a mere right to housing, the beneficiary acquires the power to inhabit the respective rooms. A usufruct law also allows for a comprehensive use of the premises, including the leasing and rental income to count.

regulations reduce property value

reservation of rights of use to reduce the value of the gift and can reduce the taxable acquisition. In addition to tax and legal aspects, are also to keep the impact to a compulsory portion rights and social benefits in view. Anyone interested in one of the presented variants, you should let the notary to obtain comprehensive advice. Real estate Atlas 2020

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Updated Date: 21 May 2020, 15:35

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