You should pay off your house early

Surrender home ownership without a family dispute

Advance withdrawal or gift?

Once the parents have decided who they want to cede the property to, they need to think about how. There are basically two variants:

  • Advance withdrawal of inheritance with compensation obligation: When the inheritance is later divided, the heir must compensate for what the testator has transferred to him to offset his inheritance. Because real estate usually has the largest share of value, this can mean high compensation payments. It is therefore important to clarify how the heir pays the other heirs before making an advance withdrawal.
  • Donation: As with an advance withdrawal, the other heirs can sue for compensation or reduction if their compulsory portion has been violated. The heir has to pay it out if the property is worth more than it is entitled to. It therefore makes sense for the parents to draw up an inventory before donating and estimate the compulsory portions of all heirs.

An assignment during lifetime has consequences. That is why it is worthwhile to seek professional advice. And that is why inheritance withdrawals and gifts must be officially notarized.

Equal treatment and compensation

Parents can do whatever they want with their property. Your descendants cannot prevent an advance withdrawal or donation. Nor can they ask to be treated equally while their parents are alive. Only after their death can they demand equal treatment and, if necessary, sue for compensation. Except if your parents have stipulated in writing that the advance withdrawal or donation is not subject to compensation. Then they can sue if their compulsory portion has been violated.