A community of heirs means a community of joint owners. This means that the inheritance is a joint property. Each individual member of the community of heirs becomes the owner, but always only together with the other heirs. Each individual is thus entitled to the property, but this right is limited by the rights of the other co-heirs. None of the heirs can give away or sell individual items of the estate without consent, not even his own share of it, since everything belongs to all of them.

Disputes Within the Community of Heirs are Common

Disputes within the community of heirs often arise when the interests of the co-heirs differ greatly. This is the case, for example, when one of the siblings needs money as quickly as possible and is therefore interested in selling the house, while the other siblings expect an increase in the property price and want to keep or rent the house.

The Testator can Prevent the Community of Heirs

From the very beginning, a community of heirs can only be prevented by the testator, by writing a will. Married couples often agree on a Berlin testament. After this, the spouse who lives longer becomes the sole heir.

Children are excluded from this inheritance. If there are several children, a community of heirs can be excluded by designating one child as the sole heir, while bequests are made to the other children. The legatee thus receives a payment or a specific object of the estate without becoming the legal successor.

General information on the Dissolution of the Community of Heirs

If the children wish to dissolve the community of heirs, it must first be examined how large the estate is. A certificate of inheritance is required for this. In the case of a community of heirs, this is a joint certificate of inheritance. It contains all the names of the heirs as well as an exact list of the shares of each heir. Only when the certificate of inheritance has been obtained, the banks where the accounts of the deceased exist, allow an insight into the finances.

If the estate also contains debts, these must first be paid off. This can lead to the fact that the estate itself must be sold.

The co-heirs are obliged to provide information about donations during the testator’s lifetime. If one of the siblings has already received a plot of land or real estate at an earlier point in time, it is a donation that is subject to equalization. Compensatory gifts increase the value of the estate. This in turn is deducted from the inheritance quota of the co-heir.

It often happens that if there are several siblings, one of them takes care of the parent free of charge. This sibling can claim compensation through the care provided. This increases the inheritance share of this person. The amount of the compensation depends on the duration and extent of the care provided as well as on the amount of the estate itself.

Dissolution of the community of Heirs: Ways and Means

Different ways to dissolve the community of heirs

Division Agreement

If the community of heirs agrees on what is to be done with the estate, i.e. the real estate, a division agreement can be concluded. This agreement must be notarized if real estate is to be transferred.

Transfer of Inheritance

Another possibility to dissolve the community of heirs is the transfer of inheritance. In exchange for a settlement, the co-heirs can transfer their inheritance share to a co-heir. This step also requires a notary. This is a particularly simple solution to dissolve the community of heirs.

Division

In the case of stratification, the individual also leaves the community of heirs in exchange for a settlement. However, his share of the inheritance is not transferred to a single heir, but becomes part of the joint heirs’ total inheritance. By paying the compensation, the individual thus relinquishes his or her rights as co-heir. As a result, the share of the inheritance of the other co-heirs increases. The amount of the compensation can be determined by the heirs themselves.

Selling an Inheritance Share

Each co-heir can sell his or her own inheritance, also to third parties. However, no individual items of the estate may be sold. Instead, the buyer becomes part of the community of heirs. Each co-heir has a right of first refusal and can purchase the share of the inheritance on the conditions agreed with the third party. It must be noted that this step is also notarized.

Court of Probate

If a dispute arises and no agreement is in sight, a probate court can be involved. This court assumes the role of mediator in the matter. However, any co-heirs can prevent the involvement of a probate court by lodging an objection.

Arbitration

In the event of a dispute, an arbitral tribunal may also make a decision.

Action for Partition

In the event of an action for partition, the objects of the estate will be sold at public auction. In the case of real estate, a compulsory auction takes place. The action for partition is usually associated with high costs and should therefore be avoided in the interest of all co-heirs.

Division Auction

If the estate includes a property, any of the co-heirs can apply for a divisional auction. The only requirement for this step is that the applicant is registered in the land register. The purpose of a division auction is to make money out of the property and then to divide it among the heirs.

Due to the usually high loss of value, a division auction is not advisable. In division auctions it is common practice to set the market value of the property as low as possible in order to increase the interest of potential buyers and thus to sell the property quickly and promptly. The price that is collected for the property at the end of the auction rarely corresponds to the real sales value of the property.

There is no claim to dissolve the community of heirs

The individual is not entitled to have his heir share paid out to him or to be released from the community of heirs. If you do not want to be part of a community of heirs, your only choice is not to accept the inheritance.

In a community of heirs it is financially advantageous and in the interest of all if an agreement is reached.

We would be happy to advise you personally with regard to your inherited property. Get in touch with us.

Legal Portion Despite Disinheritance – You have these Rights

In many families there are conflicts, which often lead to parents wanting to disinherit their children. The parents must determine this wish in their will. Much more common, however, is the desire to disinherit the children only until both spouses are dead. This is possible with the so-called Berlin will. The longer living spouse is therefore first the sole heir and only after his death the common children inherit. Learn here which alternatives the law offers and how the legal portion is determined.

Disinheriting Relatives – Will, Inheritance Contract, Berlin Testament

Basically, each person is free to decide who to appoint as heirs and who to disinherit. The testator does not have to justify in his will why he excludes a relative from the succession. However, an exclusion does not mean that the heir receives nothing, because every heir is entitled to a compulsory portion. This entitlement must be requested by the heir himself, because the certificate of inheritance does not mention these entitlements to a compulsory portion. If a testator sets a person as sole heir, this means on the one hand that this person alone inherits the entire estate but also that no one else should inherit who would actually be entitled to inherit.

Married couples can disinherit close relatives together in an inheritance contract or a Berliner Testament. In a classic form of the Berlin Testament, the spouses stipulated that the partner who lived longer would become the sole heir and the children would only inherit when both spouses had died. The parents therefore disinherit their children until both have died. If someone is disinherited, the part of the inheritance that would have been due to this heir is due to the person who would have become heir if the disinherited had already died at the time of the inheritance.

The Entitlement – Only the Next of Kin Receive the Compulsory Portion

Despite disinheritance, close relatives are entitled to part of the assets. This fact is based in the law on the duty of care that the deceased has for his close relatives even after his death. However, this applies only to the next of kin, which, according to the law, are determined as follows: Close relatives include legitimate, illegitimate and adopted children, the spouse, as long as the marriage is still effective at the time of inheritance, partners in a registered same-sex partnership and parents of the deceased, if there are no children. Grandchildren are only eligible if they have been excluded from the inheritance and their parents are no longer alive. Siblings and grandparents of the deceased are not entitled to a compulsory portion of the inheritance and are therefore not to be understood as close relatives. Whoever is disinherited must assert a right to the legal portion of heir’s estate against the other heirs.The Amount – this is how the compulsory portion is calculated

The compulsory portion is half of the legal inheritance that the person is entitled to. For the exact calculation, all relatives must be taken into account, both the heirs and the disinherited, as well as those who have rejected the inheritance. Those who are not taken into consideration are those who have already renounced the inheritance during the testator’s lifetime.

The example explains the distribution of the inheritance as follows: There is a testator who leaves three children as heirs. Child1 has already rejected the inheritance during the testator’s lifetime. Child2 has been disinherited by the testator and must claim his compulsory portion from Child3, who has been designated as sole heir in the will. In a normal inheritance case, each child would receive one third of the estate. Since Kind1 has already waived the inheritance during his lifetime, this is removed from the calculation. The inheritance is therefore divided half each between Child2 and Child3. As Child2 was disinherited, he is only entitled to the legal portion of heir, i.e. half of his actual inheritance. Child2 thus inherits a quarter of the inheritance and child3, as sole heir, inherits three quarters of the inheritance.</block quota>.
If the odds are clearly calculated, the value of the discount can be determined to find out how much is allocated to each odds. Decisive for this second calculation is the market value. Our property valuation explains the methods. This is based on the amount that the heirs could obtain in the event of a sale. For this determination it is often necessary to have the value of real estate, companies or land estimated by experts. The costs incurred for this, however, reduce the right to the compulsory portion. It is therefore advisable, especially for small estates, to determine the value without an expert and to agree among themselves on a compulsory portion.

Remove compulsory portion – these are the Testators’ Rights

Under special circumstances it is possible for parents to disinherit their children completely and also to withdraw the compulsory portion from them. This wish must be expressly ordered and justified in the will. The BGB sets out some reasons for a complete disinheritance. In § 2333 BGB the following is listed, who can be completely disinherited:

• Seeks to kill the testator or a close relative
• Has been sentenced to imprisonment without parole for a criminal offence for at least one year, or is being held in a psychiatric hospital or rehab facility for that reason
• Has committed a crime against the testator or a person close to the testator. This includes, for example, theft or bodily injury.
• Killed the testator or both parents

In general, it must be unreasonable for the testator to leave his share to the beneficiary of the compulsory portion as the minimum economic participation. No reason for a complete disinheritance is, for example, a child who has broken off all contact with the parents and does not care for them. If a child is disinherited in the will and the testator forgives this child however before the death, the disposition in the will is ineffective.

Claims for a compulsory portion are subject to a limitation period of three years. This begins with the end of the year in which the claim arose. As a rule, this means on 01 January of the year following the year of death.

The Most Important Questions on the Subject of the Legal Portion of Heirship

The issue of the compulsory portion and disinheritance in the will is a difficult one that often raises questions among those affected. To ensure that you are well informed and do not make any mistakes regarding deadlines or form, the Lukinski experts will answer all important questions on the subject of the legal portion of heir.

How much is the compulsory portion in percent?

The compulsory portion of a disinherited relative is half of the inheritance share that is actually due. The percentage must be determined on a case-by-case basis, as it depends on how many co-heirs there are and how much of the inheritance is.

How high is the compulsory portion with 3 children?

If the inheritance is divided equally among three children, each would receive one third of the estate. If one of the three is disinherited and therefore demands the legal portion of heir, he would receive half of the inheritance that he would actually have been entitled to. In this example one sixth of the inheritance.

Can a compulsory portion become time-barred?

A compulsory portion shall become time-barred after three years. The period begins on January 1 of the year following the year of death.

Can the compulsory portion be refused?

In order to receive a legal portion of heir, the heir must claim it. If he does not do so, the claim expires after three years. The heir with a right to the compulsory portion does not have to reject it, but simply does not have to claim it.

What is the compulsory portion in the case of disinheritance?

If an heir has been disinherited by the testator in the will, the testator is still entitled to a legal portion of heir. This compulsory portion amounts to half of the legal inheritance.

Can the compulsory portion be claimed during one’s lifetime?

The compulsory portion can be paid by the testator during his or her lifetime in the form of a gift or compensation to the disinherited relative. A claim is not possible, only an agreement with the testator allows this alternative.

The Purchase: Broker, Commission & Credits

With the first thoughts of a real estate purchase many questions arise immediately. What is the best way to proceed? Do I need an estate agent or should I search on my own? How big should the house be, how many square meters and rooms does it need? In which area do I search and above all how much budget do I need? We will now get to the bottom of all these questions.

The requirements – the way to your dream property

As a first step on the way to your dream property, you should first consider what your requirements are for your home. How many rooms do you need and how many square meters should your house and your property have in the best case? Of course, they should also be aware of the area they would like to move to and use this scheme to adapt to your needs. A house in a city will be more expensive than a house in a suburb or in the country. Do you need a school nearby or should a supermarket be within walking distance. Do you want a garden or a child friendly environment. Of course you should also think about the exterior of your property. Do you prefer a certain style of house, should the house be more modern or more Nordic style? After you have clarified these basic questions and know how you imagine your dream property, you can proceed to step 2.

Real estate as capital investment: Special

1. Part: Classical or exotic investment – Which real estate is suitable as capital investment?
2. Part: Real estate as capital investment – What do I have to pay attention to?

Financial planning – financing possibilities and requirements

The financial planning takes a large part with the way to the own house, because with construction financing and loans one enters a large obligation, which can cover several decades. Therefore everyone, which plays with the thought to buy a real estate should examine itself first once the financial own resources. In addition belongs for example whether property or a building society contract is already present and how highly this is. Also should be examined which means can be actually called at short notice. In order to obtain a loan from a bank, it is recommended to have at least 10-20% of the required sum (purchase sum and ancillary purchase costs) as equity. The higher the equity capital, the better.

Financial resilience

Of course, personal circumstances also play a role in financial resilience. These include, for example, family planning and the desire to have children, the employment relationships of the partners and of course marital status. One should consider whether further large financings are planned in the next years and how these affect the financial situation. It is also important to determine the permanent expenses so that these can be included in the planning. This includes fixed costs, such as insurance and incidental expenses, but also vacations, car purchase or provisions for financial security.

Repayment period

The next important point is the repayment period, because you should think about how long you want to make a repayment and therefore also how long you want to be in debt. It is recommended to plan the financing in such a way that the debtors are debt-free until the age of 60. However, this also depends on how high the repayment rate can be. The shorter the repayment period, the higher the repayment, but there are also somewhat cheaper interest rates for shorter credit periods. As rule of thumb one says with a repayment rate of two per cent the repayment duration amounts to in approximately thirty years.

Compile the documents

Once these questions have been clarified, it is time to compile the documents for the banks, because they need many different documents to be able to apply for an offer in the first place. Such documents include monthly income, which is proven by the income tax assessment, as well as a list of regular expenses and current assets. Also, at this stage they should already have a purchase object and in the best case cost estimates, because the more accurate and comprehensive the documents they submit, the faster and better the bank can prepare an offer. Compare many different offers, from several banks as there can be many differences and you can find the best offer for your project.

Purchase of a Home: From Rental Apartment to Home of your Own

With the first thoughts of a real estate purchase many questions arise immediately. What is the best way to proceed? Do I need an estate agent or should I search on my own? How big should the house be, how many square meters and rooms does it need? In which area do I search and above all how much budget do I need? We will now get to the bottom of all these questions.

Dream property searched: Basic requirements for your house purchase

As a first step on the way to your dream property, you should first consider what your requirements are for your home. How many rooms do they need and how many square meters should their house and their property have in the best case?

Of course, you should also be aware of the area you want to move to and use this scheme to adjust your requirements. A house in a city will be more expensive than a house in a suburb or in the country. Do you need a school nearby or should a supermarket be within walking distance. Do you want a garden or a child friendly environment. Of course you should also think about the exterior of your property. Do you prefer a certain style of house, should the house be more modern or more Nordic style? After they have clarified these basic questions and know how they imagine their dream property, they can go to step 2.

Financial planning: financing options & repayment

Financial planning takes a large part with the way to the own house, because with construction financing and loans one enters a large obligation, which can cover several decades. According to this, everyone who is thinking about buying a property should first of all check their financial resources. In addition belongs for example whether property or a building society contract is already present and how highly this is. Also should be examined which means can be actually called at short notice. In order to obtain a loan from a bank, it is recommended to have at least 10-20% of the required sum (purchase sum and ancillary purchase costs) as equity. The higher the equity, the better.

Of course, personal circumstances also play a role in financial resilience. These include, for example, family planning and the desire to have children, the employment relationships of the partners and of course marital status. One should consider whether there are plans for further large financing projects in the next few years and how these will affect the financial situation. It is also important to determine the permanent expenses so that these can be included in the planning. This includes fixed costs, such as insurance and incidental expenses, but also vacations, car purchase or provisions for financial security.

The next important point is the repayment period, because you should think about how long you want to make a repayment and therefore also how long you want to be in debt. It is recommended to plan the financing in such a way that the debtors are debt-free until the age of 60. However, this also depends on how high the repayment rate can be. The shorter the repayment period, the higher the repayment, but there are also somewhat cheaper interest rates for shorter credit periods. As rule of thumb one says with a repayment rate of two per cent the repayment duration amounts to in approximately thirty years.

Once these questions have been clarified, it is time to compile the documents for the banks, because they need many different documents to be able to apply for an offer in the first place. Such documents include monthly income, which is verified by the income tax assessment, as well as a list of regular expenses and current assets. Also, at this stage they should already have a purchase object and in the best case cost estimates, because the more accurate and comprehensive the documents they submit, the faster and better the bank can prepare an offer. Compare many different offers, from several banks as there can be many differences and you can find the best offer for your project.

Search: advertisements, brokers & the big choice

There are many different ways to approach the house search. Of course an estate agent has many advantages, because he accompanies you from the beginning to the end of your search, knows insider tips and can help you with words and deeds. But if you prefer to search on your own, there are many online portals, such as ‘Immonet’ or ‘Immobilienscout24’ where you can view a large selection of exposés. Let also their friends and acquaintances know that they are looking for a house, because much can be done here also through contacts. During viewings they should pay attention to one or the other to collect as much information as possible about the property. First of all, you should only view the property in daylight, so you can see defects and faults much better than in artificial light. Take a close look at the surroundings and pay attention to possible noise, smells and the parking situation. The infrastructure around the property should also be carefully researched to compare whether it fits your requirements. A conversation with the neighbors can also reveal helpful information.

On the object itself, they should pay attention to the condition of the facade, the roof and the attic as well as the basement rooms and windows. Water stains on walls and ceilings, outdated windows with low insulation or a leaking roof can be detected during these observations. Take pictures and of the object and any faulty areas. Of course you will learn a lot about the object through the exposé, but not all questions will be answered here. So make a list of questions, so that you can find out as much as possible about the object during your visit. Possible questions could be for example the following:

• Do renovations or refurbishments need to be carried out?
• What are the roof and windows like?
• What kind of heating is in the object, how old is it and what kind of insulation does the house have? It is always useful to have an energy certificate, so ask explicitly for it.
• The floor plan with drawings of load-bearing walls to be able to plan a possible conversion.
• The operating cost account
• Check the incidence of light and the cardinal points, for example to find out when the sun shines in the garden.
• Ask about the reason for the sale and the duration of the vacancy
• Do fixtures such as kitchen, cupboards, etc. remain in the house and must they be taken over?
• Visit different objects to create a selection and to see different offers. If you are unsure, such as damp walls, etc., it is better to consult an expert and let him evaluate the whole thing.

The Search – Brokers, Patience and Advertisements

There are many different ways to approach the house search. Of course, an estate agent has many advantages, because he accompanies you from beginning to end on your search, knows insider tips and can help you with advice and support in your decision. But if you prefer to do the search on your own, there are many online portals, such as ‘Immonet’ or ‘Immobilienscout24’ where you can view a large selection of exposés. Let also your friends and acquaintances know that they are looking for a house, because a lot can be done here through contacts. During viewings they should pay attention to one or the other in order to gather as much information as possible about the property. First of all, you should only view the property during daylight, so you can see defects and faults much better than with artificial light. Take a close look at the surroundings and pay attention to possible noise, smells and the parking situation. The infrastructure around the property should also be carefully researched to compare whether it fits your requirements. A conversation with the neighbors can also reveal helpful information.

Condition of facade, roof and attic

On the object itself, they should pay attention to the condition of the facade, the roof and the attic, as well as the basement rooms and windows. Water stains on walls and ceilings, outdated windows with low insulation or a leaking roof can be detected by these observations. Take pictures and of the object and any faulty areas. Of course you will learn a lot about the object through the exposé, but not all questions will be answered here. So make a list of questions, so that you can find out as much as possible about the object during your visit. Possible questions could be for example the following:

• Do renovations or refurbishments need to be carried out?
• What are the roof and windows like?
• What kind of heating is in the object, how old is it and what kind of insulation does the house have?
• It is always useful to have an energy certificate, so ask explicitly for it.
• The floor plan with drawings of load-bearing walls to be able to plan a possible conversion.
• The operating cost account
• Check the incidence of light and the cardinal points, for example to find out when the sun shines in the garden.
• Ask about the reason for the sale and the duration of the vacancy
• Do fixtures such as kitchen, cupboards, etc. remain in the house and must they be taken over?
• Visit different objects to create a selection and to see different offers. If you are unsure, such as damp walls, etc., it is better to consult an expert and let him evaluate the whole thing.

The Legal Bases – Purchase Agreement, Land Registry & Co.

In order to buy a house, legalities have to be considered and many standards have to be met. In order to do this correctly and to make the sale of the house right, some things have to be followed.

The notarization of a contract of sale – the notary helps with land registry and more

The contract of sale meets the norm, if as stated in § 311b BGB

A notarial recording is present, when the property or property-equivalent rights are transferred.

However, the transfer of ownership is not valid after signing and notarization, but only after entry in the land register. First, a notary public prepared a draft of the purchase contract, which should be fair to both parties. This is drawn up some time before signing so that both parties can check it. At the notarization meeting, the notary reads the contract out again and both parties can ask questions. The notary also informs about the consequences of the house sale and explains the further steps of the transfer of ownership.

Until the entry into the land register, the buyer’s claim to the property is secured by the entry of a so-called conveyance notice in the land register. This ensures that the transfer of ownership of the property can be handled safely. The transfer of ownership in the land register will only be arranged by the notary when the purchase price has been transferred in full. The tax office must also confirm with a clearance certificate that the buyer has paid the land transfer tax. At which point in time the property is transferred to the buyer, i.e. the “economic transfer” takes place, is also determined in the notary contract. From this point on, the buyer bears all costs and is liable for the property. However, he is not the final owner until the transfer of ownership is complete and his name is entered in the land register.

The transfer of ownership – from seller to buyer

By concluding the purchase agreement, not only does the ownership of a property pass to the purchaser, but the purchaser also assumes all risks, taxes and burdens associated with the ownership of the property. This allows the new owner to deal with the property as he or she wishes. The transfer of ownership is precisely defined in terms of dates and is completely independent of the registration of the new owner in the land register, i.e. the transfer of ownership.

Construction & Costs – This is What You Have to Expect When Buying Real Estate

After you have decided to purchase your dream property, the question of the right financing arises. Here you should inform yourself about all possibilities, because you will have to live with the decision about a financing for the next years. Especially for inexperienced people a real estate purchase is a big step, so you should be especially sure that you find the right offer.

Construction: 6 Tips for Successful Financing

6 tips for successful financing, and check out 3 further practical construction financing tips.

Tip 1 – Determine your initial situation

Before you start your search, you should carefully determine your budget and requirements. This includes the living space, the number of rooms, the construction and equipment, the location, the architecture, the local transport and the distance to important places such as the workplace or schools. When you are sure of your requirements, clarify your budget. How much equity can you raise? It is also important to determine the maximum future monthly costs and how much you can really afford. Compare your current monthly fixed costs and expenses. Once you have created an overview, you will have a rough idea of what you can look for.

Tip 2 – Calculate a repayment

Rent and interest are real costs, but when it comes to repayment the money is used as a kind of installment savings plan. This means that your loan debt decreases while your net assets increase. So you should also include the monthly loan repayments in your bills. Think about how many years you would like to have the debt paid off and calculate with this value. Remember that the rent you pay each month is not an investment in value, while the repayment will still increase your net assets each month.

Tip 3 – Compare as many offers as possible

The more offers you request and compare, the more choice you have and the sooner you will find your dream property. Don’t be afraid to search extensively and look at many properties. Do not only search on real estate portals, but also in newspaper offers, ask your friends and acquaintances and always keep your eyes open. The efforts during the search will definitely pay off for you in the long run.

Tip 4 – Choose long-term financing

The important thing with long-term financing is that you secure the low interest rates for as long as possible. Best for the next 15 years or more. This guarantees you a solid repayment rate. Depending on the purchase price, use 20% equity or less and choose a classic annuity loan. With this loan the repayment should be about 2%. If it is higher, your return is also higher in case of inflation. If it is lower, however, you will not have the same amount of repayment as you would need to make in order not to run into difficulties with follow-up financing. If you should take up additionally still another loan, like for example a promotion loan the terms must agree, since otherwise they can threaten early repayment penalties with a sale.

Tip 5 – Get several financing offers

Of course it is most uncomplicated and simplest to take up the loan simply with the house bank and to complete the financing over it. However, there are big differences in the financing offers of different banks. For this reason you should get at least two different offers, if not even more, to find out which bank offers the fairest and best conditions. Never lose sight of the fact that the loan is for a long period of time and that an interest saving of 0.2% per year can make a huge difference for you.

Tip 6 – Do not be afraid of indebtedness

Getting into debt is a big decision, but if you choose ‘good debt’, you’ll even win money in the end. Home financing is one of those ‘good schools’, as you save on housing costs and protect yourself against inflation. In the end, you gain real wealth and do not lose any, as with an investment in consumer goods. For this reason, do not repay too quickly and stick to an initial repayment of 2% and a term of 15 years. So you do not need to be afraid of rising interest rates.

The follow-up loan – debt rescheduling and long-term planning

When it comes to financing, it is important that you prove to your bank that you are a future borrower. Because for borrowers who have already proven for several years that they are able to service the loan according to the contract, banks are happy to offer better conditions. At the beginning of a loan, the monthly installment is usually mostly interest and only in the course of time, the proportion of repayment will increase. In the case of a debt rescheduling, a part of the loan is usually already repaid. For the banks, this means that the loan-to-value ratio is lower than with an initial borrowing and the consulting effort is also lower, since the customers already know how a financing is going to work and what is expected of them. The bank has thus a smaller expenditure of work with the customer and thus also the offer preparation becomes simpler and never accordingly also less time required.

So the banks have good reasons to woo rescheduled debtors, because you can gain advantages from it. But also for the borrowers a rescheduling is often more favorable. Depending on the financial market situation, the interest rates can be so low that it is more worthwhile for you to reschedule an old loan than to continue paying it off at the old conditions. Today the interest rates are often better than when you concluded the financing. So if you can expect interest rates to rise in the future, it is definitely advisable to choose a long fixed interest period and secure good interest rates. In this way you will achieve a quick adjustment of interest rates in the event of premature termination of the old loan.
If you want to do everything right, consider already today how you want to tackle the rescheduling of your loan in a few years in order to secure a good follow-up financing. This is even doubly worthwhile if providers take over the costs of the debt rescheduling for the borrower.

The service charges – hidden costs when buying real estate

When a purchase contract is concluded, the financing is already under the umbrella. However, the additional costs are often underestimated. The invoices from the broker, notary, land registry and tax office come as soon as the loan is fixed. Because of this, the loan is often underestimated. 20% of the incidental building costs should be included in the loan at least in addition to the purchase price and are quite realistic. The overview shows the 4 biggest additional costs you expect when buying a house.

Fees – notarization of the purchase contract

The fees for the notary appointment are probably one of the largest items in the additional costs of the house purchase. The notary fees are fixed and may not deviate from these in any direction, but even these are quite high. As a rule of thumb, about 1.5% of the purchase price is fixed – and this only for the signature of the purchase contract. So if you purchase a property with a purchase price of 100,000 Euros, the notary’s fee is 1500 Euros, which the buyer usually has to pay. The exact fees for notaries in Germany are laid down in the notarial fee schedule, but can also be calculated online.

Taxes – Real estate transfer tax for the tax office

As soon as the contract is signed at the notary and the purchase contract is notarized, the buyer will receive mail from the tax office. The next step is to claim the real estate transfer tax from the buyer. This is incurred somewhat differently. Normally it is 3.5% of the purchase price of the property in Germany. In some federal states, such as Hamburg, Berlin and Saxony-Anhalt, it is 4.5% of the purchase price of the property. With a purchase price of for example 100 000 Euro you pay another 3500 / 4500 Euro for the land transfer tax. This debt should be paid immediately, because only when the amount has been received by the tax office, the latter will issue the so-called clearance certificate. This certificate is mandatory for the registration of the new owner in the land register. This is arranged by the land registry office and costs again fees, which are relatively low.

Commission – Brokers calculate your share

Whoever buys a property or a plot of land through an estate agent must of course include the commission from the agent in the overall calculation. You will usually receive the invoice from the real estate agent directly after the notary has taken the minutes. The amount of the commission varies and depends on various factors, such as the region. Mostly it varies between four and six percent of the purchase price of the property. For a real estate purchase price of 100 000 Euros, you will pay between 4000 and 6000 Euros only for the real estate agent. However, it is important to know that it is definitely worthwhile to negotiate with the real estate agent’s commission, as it is known that this is associated with a large margin of maneuver. A recommended total commission of 3.48 percent including VAT is a recommendable and realistic value.

The AAdvantages & Disadvantages of a Real Estate Purchase

Also the real estate purchase offers advantages and disadvantages. Depending on the individual life situation, different scenarios more or less offer themselves. However, buying a house is always a big investment and should always be well considered and completely thought through. As a decision guidance, we list some advantages and disadvantages of the real estate purchase.

The advantages – no rent, security and your own four walls

A house purchase, can offer many advantages. By buying a house, you live in your own four walls, you are the master of the house and can design it according to your own wishes. Besides, one has no monthly rent, which one must pay and as long as the credit is paid off, only monthly additional expenses stand in line. A house also offers a lot of space and, depending on your life situation, a lot of room for family planning and hobbies. In addition, changes can be made in your own house at any time if you want to and do not have to clarify these changes with a landlord beforehand. Further advantages are the security for the old age, because even if the pension should not be so large, one can continue to live in his home and does not have to move into smaller or more favorable conditions. A house is also a part of the inheritance for the next generation and represents an investment of value, because spent rent is lost and cannot be passed on to children and grandchildren.

The disadvantages – indebtedness and personal responsibility

Among the disadvantages of buying a house are, for example, the usually associated debt and taking out a loan. Likewise one is responsible for the object from the moment of the purchase and must let repairs, changes etc. make themselves. Besides they have much surface and area, which must be likewise maintained and thus for example work in the garden or cleaning of the house result and consume time. In addition, they are tied to one location with a house and cannot simply move to another city or live abroad for a period of time, as they enter into a commitment with the purchase.

House purchase, house building or nevertheless rented apartment ?

Buy a house or rather rent an apartment. Everyone faces the decision in very different life circumstances and for each one there is a different answer to this question. There are advantages and disadvantages for both options, but one side usually outweighs the other.

• Rent or buy a house

Buy a house: Advantages and disadvantages of real estate search

A house purchase, can offer many advantages. By buying a house, you live in your own four walls, you are the master of the house and can design it according to your own wishes. Besides, one has no monthly rent, which one must pay and as long as the credit is paid off, only monthly additional expenses stand in line. A house also offers a lot of space and, depending on your life situation, a lot of room for family planning and hobbies. In addition, changes can be made in your own house at any time if you want to and do not have to clarify these changes with a landlord beforehand. Further advantages are the security for the old age, because even if the pension should not be so large, one can continue to live in his home and does not have to move into smaller or more favorable conditions. A house is also a part of the inheritance for the next generation and represents a value investment, because spent rent is lost and cannot be passed on to children and grandchildren.

Among the disadvantages of buying a house are, for example, the usually associated indebtedness and taking out a loan. Likewise one is responsible from the moment of the purchase for the object and must let repairs, changes etc. make themselves. In addition, they have a lot of space and space that also needs to be maintained and therefore, for example, work in the garden or cleaning the house is necessary and consumes time. In addition, they are tied to one location with a house and cannot simply move to another city or live abroad for a period of time, as they enter into a commitment with the purchase.

Rent an apartment: Advantages and disadvantages with tenancy

An apartment to rent also offers many advantages but also disadvantages. First of all one has less responsibility, because in case of damages and accidents the landlord has to repair the arisen damage. Besides one is very flexible, since a tenancy can be solved relatively simply. So it is easier to move to another city or to increase the living space. However, one must of course pay monthly amounts, which are lost in this sense. So you are financially bound to certain monthly expenses. Also, it is not easy to carry out cosmetic repairs in rented apartments, as these must always be discussed with the landlord first.

Building a house: Advantages and disadvantages for the building project

Building a house is a big decision that can have many advantages and disadvantages. When building one has naturally the large advantage to get a custom-made house cut to itself. All decisions can be made by yourself, from the number of square meters to the number of rooms and the room layout. In addition, with a building of a house a large financial risk goes in addition, accompanies. Because one has no fixed price and the budget is often exceeded at the end. Besides with a house building much can go wrong, which represents likewise a financial risk. An advantage is however that one has free choice, both regarding the property and the place, where the property is located. Here one can likewise arrange individually the entire property inclusive garden. Besides a building of houses has the advantage that the newest technology can be inserted and thus a very good energy efficiency exists, which can lower additional costs again.

Whether a rented apartment, a house purchase or a house building is more suitable, is to be co-ordinated with the individual life situation. All options have advantages and disadvantages and can represent good solutions.

• Rent or buy a house

Selling an Inherited House – the First Steps

Whatever type of property you have to sell now after the inheritance: It depends on the location. When selling an apartment, selling a house, selling a plot and even more so when you are looking to sell multi-family houses. The location of your real estate is a decisive valuation factor. So is the substance and the equipment. Selling privately means accepting risks and making mistakes. From property valuation, contracts, taxes and costs.

In most cases the heirs decide on the inheritance: collect, administer or sell ?

Even if the property is located far from the heir’s place of residence. But in exactly this situation, the question arises what to do with the property. If neither inhabiting nor renting the house is possible, the most common consideration is to sell the inherited house.

• Reading tip: Sell or rent (external, FIV Magazine)

The first step: Local court, compulsory share and certificate of inheritance

After a house is inherited, the first step for the heir is to go to the local court. There the certificate of inheritance can be applied for. This measure should also be taken if the heir only claims the compulsory portion. The certificate of inheritance identifies the heir as the rightful owner of the property.

The certificate of inheritance is issued by the probate court. The competent probate court is always the district court of the last residence under which the deceased was registered.

At the appointment at the probate court, the heir must prove his claim to the inheritance. This can be done through the public will, the inheritance contract or by proving the relationship with the accompanying legal succession.

The following documents must be brought by the heir to the probate court:

• The identity card
• The death certificate
• An affidavit regarding the correctness of the personal data

The probate court then issues the certificate of inheritance. This is either a sole certificate of inheritance, a community certificate of inheritance or a partial certificate of inheritance.

The sole certificate of inheritance is issued if there is only one heir. A joint certificate of inheritance is issued if there are several heirs. The certificate of partial inheritance shows that there are several heirs and that each of them receives a single inheritance.

The certificate of inheritance allows the heir to view the land register. Through this it can be found out whether the property is encumbered with land charges.

It should be noted that the issuing of the certificate of inheritance can be very expensive. These are based on the value of the inherited property at the time of the inheritance, less the debts of the deceased. In addition, the amount of the fees is based on the effort of the inheritance certificate procedure. For example, a fee of 300.00 Euros is due for an estate of up to 125,000 Euros. For an estate value of up to 500,000 Euro, a fee of 935.00 Euro is already due.

The extract from the land register is then corrected, as the heir is now the new owner of the property. In contrast to the conventional entry in the land register when buying a house, the entry in the land register for an heir is free of charge, provided that this is requested within two years after the death of the testator. Afterwards, the sale of the house can begin.

Selling an inherited house with several heirs

It is not unusual for a property to pass into the possession of several heirs. This is the case when several children inherit the house. This does not prevent the sale of the inherited property. The prerequisite for this is, of course, that the heirs are in agreement and all agree to the sale of the house. Verbal promises are not reliable here; instead, a clear legal situation is necessary.

Which costs are incurred when selling a house?

If the inherited house does not have to be renovated or a speculation tax is due, the costs are kept within a manageable range. Small cosmetic repairs will be due. Also proportional costs of the broker must be included. If the house is still burdened, a prepayment penalty for the mortgage is due.

Sell inherited house: Historical property

The sale of an old building or a listed property can prove to be more complicated. Often the speculation period causes heirs to suffer. If the property is sold within the period, the tax benefits that were originally granted by the status of the house are reclaimed.

In addition, the heir is obliged to preserve the property. If this does not happen, an order for maintenance can be issued by the monument protection authority. The resulting invoice will be forwarded to the heir. This results in very high costs, which the heir could have avoided.

What taxes are due on the sale of an inherited house ?

A land transfer tax is to be paid with every house sale. This is taken over by the buyer.

The inheritance tax itself is due with every inheritance, regardless of whether the house is sold or not.

It is therefore of primary importance for the heir whether an income tax is due. This is levied if the house is sold within the speculation period. The duration of the speculation period is ten years. The speculation period is not calculated from the time of inheritance, but from the time when the house was bought by the testator.

If this purchase is more than ten years ago, no taxes are due for the heir.

If the house is sold within the speculation period, the profit of the sale is taxable. This means that not the entire purchase price of the property is taxed, but only the increase in value of the house since the purchase. Thus the amount by which the proceeds of the sale are higher than the purchase price paid by the testator at that time is taxed.

You can find out the amount of this profit by deducting from the price that was sold for the property the acquisition costs, brokerage costs, notary’s fees and land transfer tax.

Whoever wants to sell an inherited house often exposes himself to a great deal of stress. It is therefore helpful to engage a competent estate agent who will take care of the sale of the house and take over all related tasks.

You are going to inherit a house? 8 tips for correct heirs of a property

You will inherit a house and are wondering what the next steps are for you? We present 8 aspects that you will have to deal with when inheriting a property.

How do I get my inheritance?

Ideally, the deceased has written a will and deposited it with a civil law notary. A will regulates (for example in the case of several children) who should inherit what. If there is no will, the legal succession applies. Spouse and children are first order heirs.

Check the estate

If an heir is accepted, this means accepting all rights, but also duties. If the inheritance is a pure monetary amount, this value is immediately determined. The situation is different with real estate. Not only does the house pass into the hands of the heir, but also any debts such as a mortgage are then accepted by the heir. This means in practice that the heir is liable for these debts with his own assets.

The heir therefore has a period of 6 weeks within which to decide whether to accept or reject the inheritance. This period begins on the day you learn of the inheritance. A glance at the land register reveals the financial situation of the estate. An estate agent is also able to determine the market value of the property.

The disclaimer of the inheritance takes place at the local court. Alternatively, the disclaimer can also be certified by a notary of your choice.

Do I need a certificate of inheritance?

The certificate of inheritance confirms the legality of the inheritance. Often the certificate of inheritance is necessary in order to receive the inheritance in the first place or to access the accounts of the deceased. The certificate of inheritance also entitles the heir to inspect the land register.

Are you the sole heir or co-heir of a community of heirs ?

In the case of a community of heirs, the inheritance does not go to a single person, but to several persons. This is the case, for example, if the testator leaves several children. The inherited house therefore belongs to all heirs. None of the co-heirs has a right to individual items of the inheritance. This means that all decisions concerning the inherited property must be made jointly by all heirs.

In a community of heirs, very different ideas about the property often clash, which can often lead to major conflicts. Many communities of heirs therefore decide together to sell the house and to divide the subsequent proceeds among themselves. This sale, in contrast to a partial auction, does not involve economic losses.

What should happen to the house?

Who will inherit or has already inherited a house, must deal in the second step with the question, what is to happen with the real estate. If the property is located in the heir’s place of residence and is also in a favorable location, it makes sense to live in the property yourself.

However, this option is not always possible. For example, if the heir already lives in his own house or the inherited house does not meet his own wishes and ideas.

The options then available to the heir are either renting the property or selling the house. Who considers letting must consider here that often numerous renovation work becomes due with the inherited house.

Which costs will come to me when I inherit a house?

The costs of inheriting a house are manageable. These are the application for the certificate of inheritance, the change in the land register and running costs.

The amount of the costs for the certificate of inheritance depends on the assets that are inherited. If the value of the inherited house is approximately 500,000 Euros, the costs due for the certificate of inheritance amount to approximately 935 Euros.

Running costs include, for example, incidental expenses and taxes. These can vary greatly from property to property and must be calculated individually.

Change of the entry in the land register

In the case of a normal house purchase, costs for the change of the land register entry become due. Not so if you inherit a house. In this case, you have a period of two years within which you can be registered free of charge as the owner of the property in the land register.

A certificate of inheritance is required to have the entry in the land register amended. You can obtain this from the probate court of the district court of the last place of residence under which the testator was registered.

Alternatively, a notarized will can be presented at the land registry. However, a simple will is not sufficient.

Calculate the inheritance tax

Who will inherit a house should calculate the amount of the inheritance tax as soon as possible. The law grants the heir a high tax allowance. For spouses in inheritance tax class I this is 500,000 euros. Children and grandchildren benefit from a tax allowance of 400,000 Euro.

Tax allowance:

Spouses in inheritance tax class I = 500,000 Euro

Children and grandchildren = 400.000 Euro

An inheritance tax is due if the remaining estate, after all liabilities have been calculated and deducted, is above the tax-free amount.

In inheritance tax class I, 7% inheritance tax is due after deduction of the tax-free amounts for a discount of up to 75,000 euros.

For a discount of up to 300,0000 euros, 11% inheritance tax is due.
You will inherit a house and would like to sell it? We are happy to assist you and advise you. Please contact us by telephone so that we can take care of your case.

Increase in value through conversion ?

An old property can be put to new use by a house conversion. Small rooms can be merged. Alternatively new rooms can be created. By extending the attic or the basement even new square meters can be gained. This opens up many possibilities for the current residents of the house, but can sometimes also be useful if you want to sell your house. Especially for old buildings with small rooms, a conversion can work wonders and attract more buyers. However, conversions involve a lot of effort and a high financial outlay. You should therefore only use it to increase the value of your property if your chances on the real estate market improve noticeably as a result.

• Selling a house and increasing its value: house renovation