This apartment had the bought father-in-law son-in-law
The civil code understands in § under a Donation is the agreement of two personsThe purpose of this agreement, the Transfer of part of the assets. The Person who transfers the assets to the other, enriches the gift. Both are in agreement that the recipient must not provide counter-performance. Within a reasonable period of time, the recipient can reject this gift, however, must give out the gift thing. The recipient may request, in exceptional cases, his donation back. For these cases, Az by the Federal court. This applies if the donor is impoverished by the end of within a period of ten years, so that he must rely on social assistance. In these cases, the Department of social services may call on the given values or amounts of money back. Another special case arose when the parents-in-law of her former son-in-law requested the value for a flat back. The spouses were, however, after a couple of years back in a divorce.
In the process, the notary costs
With the divorce, the business accounted for according to the BGH Foundation for the donation of the former son-in-law. For the time of the marriage, however, was charged to a counter-value. These cases show how dangerous the donation can be for the giver, if he takes no default clause in the donation contract. In the case of a gift of real estate § b reaches of the civil code. The Transfer of the gifted property must be notarized to be recorded. The property is transferred to a notary public by conveyance and entry in the land register, must be closed, no donation contract notarized. This notary costs are, therefore, unique. For the emergency housing should be built right by the donor for himself or his partner in the donation contract. For this reason, a notary who is familiar in all legal questions should be consulted. Someone from another the gift is enriched, then the state calls for the disclosure of property taxes. This must be paid to the donee There is, however, the requirement that the donee is subject to unlimited tax liability.
The state grants to the recipient in addition, a tax-free amount.
The value of the donated item or Cash flow is below these values, then no tax is due on him. There are different tax-free amounts from the respective relationship and the gift tax for tax class. A gift has always been a serious Change in the financial circumstances. This applies both for the donor as for the recipient. For this reason, all persons involved should know that the gift can have a significant impact on a variety of social benefits such as Hartz IV or the basic backup.
The most important prerequisite for the payment of Hartz IV or the state basic security a lack of or low income, but also a General neediness is not.
This is only if the Person in question has either no or only a low capacity. Through the donation of a property or other items of value, it could happen very quickly, that the tax-exempt amount is exceeded for the provision of social services. This would mean that there is no Hartz IV, more can be paid. The Same applies to basic security in old age or social assistance. The social security benefit recipient would be forced to make his living otherwise to deny or to sell the property or other items of value.
This procedure is independent of practised, whether the recipient is Single or feeding a family.
For families, the tax free amount is significantly higher than for Singles.
In all the above cases, it is also futile, making the donation contract, or to make a gift to the third persons.
This behavior would not only interpreted as a voluntary waiver of the asset, but also as a deliberate bringing about of the need for aid. Under certain circumstances, it would be possible that the deed of donation and also the donations again. This would be particularly the case if the donor through an accident, prolonged illness or a General need for care is no longer able to ride his living costs and social benefits must apply for.
