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K5 WORLD – KIRCHNER Finanzgruppe GmbH K5 WORLD

KIRCHNER Finanzgruppe GmbH · Real Estate

Inheritance, gift, divorce – real estate in special life situations

In special life situations, several persons are often involved and the strain is considerable. We take care of the organisational side; legal and tax questions are clarified by licensed professionals.

Our role

We do not advise on inheritance law, family law or taxes. Our task is organisational support: obtaining documents, estimating the market price, preparing the sale or letting and facilitating coordination among those involved. For all legal and tax questions, we involve lawyers, notaries and tax advisers on request.

Inherited properties

If several persons inherit jointly, they form a community of heirs. In principle, the heirs may dispose of a property from the estate only jointly (§ 2040 BGB – Bürgerliches Gesetzbuch, German Civil Code). A sale therefore requires agreement. A typical occasion for our support is that the heirs live in different places and no one can take on the organisation locally.

Before a sale can take place, the land register usually has to be corrected. For this, the land registry requires a certificate of inheritance or a notarial will or contract of inheritance together with the opening record of the probate court.

Gift and anticipated succession

If a property is transferred during the owner's lifetime, for example to the children, this contract also has to be notarised. Rights of residence or a usufruct are frequently agreed in this context. How such a transfer is to be structured sensibly in tax and legal terms is something you clarify with your tax adviser and notary. On request, we provide a market price estimate as a basis for discussion.

Separation and divorce

If the property belongs to both partners, there are essentially three options: one partner takes over the other's share, the property is sold jointly, or it is let. A joint sale requires the consent of both owners. In this situation we act neutrally, inform both sides equally and record agreements in writing. Questions concerning equalisation of accrued gains and maintenance are matters for the parties' lawyers.

Calm before haste

Special life situations often create time pressure that leads to hasty decisions. We recommend first putting the documents in order, estimating the market price and bringing those involved to the table. Only then should it be decided whether to sell, take over or let. In the meantime, vacant houses should be checked regularly and the insurer informed of the vacancy.

Frequently asked questions

Can a single heir sell the property?

No, in principle the co-heirs dispose of an item of the estate jointly. Without agreement, the only route usually remains a partition auction, which requires legal support.

Do I need a certificate of inheritance in order to sell?

Not always. If a notarial will or a contract of inheritance with an opening record exists, this is generally sufficient for the land registry. Otherwise, a certificate of inheritance is required.

Do you advise on inheritance or gift tax?

No. Tax questions are answered exclusively by a tax adviser. We can contribute a market price estimate as a basis for discussion.

Let us talk.

We take the time to address your concerns – in Reinheim, in Frankfurt am Main or at your premises.

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