Rent, buy, live in Nuremberg

Our interview partner, has specialized in brokering, selling and renting real estate in Nuremberg and the surrounding area. In an interview we talked about attractive districts, financing options and the current real estate market. Here you can learn everything about the first apartment purchase, different types of houses and types of apartments.

Overview of Nuremberg and surrounding cities:

Nuremberg from close up:

Rentals: Service charges

You have decided to rent or even rent a house or apartment? Then you should definitely know more about bedroom furnishing and exclusive terrace design.

Buy: Investment

Find your new home in attractive districts of Nuremberg and avoid serious mistakes in your purchase! Find out what you should know before you buy in this article! Are you also interested in other cities? We have selected other interesting cities for you, such as Düsseldorf, Aachen and Munich.

Interview about the Nuremberg real estate market

Are you looking for a suitable property in Nuremberg? But are you wondering which are the most popular districts to live in, whether it is better to rent or to buy, or how high the ancillary costs and taxes are in Nuremberg? Then you have come to the right place. Because we have talked to a real estate agent who will answer all your questions about real estate in Nuremberg.

Real estate agent Christian Reinhart – The company in Nuremberg

FIV: Before we go into Nuremberg and its real estate market and your recommendations for tenants and buyers, we would like to know a little more about your agency Immobilienmakler Reinhart. Could you briefly summarize for our readers what your agency does and what you specialize in?

C. Reinhart: As a real estate agent’s office, our focus is on the sale and rental of residential real estate. I.e. we mediate inventory real estates such as free-hold apartments and houses to capital investors and owner-occupiers. Our specialty is the sale of multi-family houses to investors, which we often broker “offmarket”, i.e. without public advertising, due to our good network.

Surroundings in Nuremberg:

FIV: As an agent in Nuremberg, which properties do you personally prefer to broker?

C. Reinhart: Every property is unique and is valued equally by us. However, we prefer to find new homes for young families.

Neighborhoods with a future in Nuremberg

FIV: Neighborhoods for Singles, Families & Co. – For those who don’t live in Nuremberg yet and want to move to Nuremberg, which neighborhoods have a future? Where should you move to in Nuremberg if you want to live nicely?

C. Reinhart: Beyond the typical preferred residential areas such as Erlenstegen, Zabo, Johannis or the old town: Gostenhof in particular is a great residential area for young people with a lot of potential.

Gostenhof district:

Development of real estate prices

FIV: Rents are a big topic, all over Germany. How has the real estate market and rental prices in Nuremberg developed in recent years and how will they develop in the future?

C. Reinhart: Both rents and purchase prices for residential real estate have risen significantly in recent years. This trend is unbroken, but in the medium term we expect prices to stabilize at a high level or fall slightly. Above all, the many attractive new construction projects of recent years should contribute to this.

Dining room area in a loft:

FIV: In Germany, more people rent than buy. What would you recommend to a young couple or even a single person, renting or buying in Nuremberg?

C. Reinhart: If it is financially feasible to buy a property, we would prefer this option to renting. Of course, this always depends on the individual situation and also on whether a suitable property in the desired location is available for purchase at all.

Avoid typical first-time buyer mistakes

FIV: Anyone who rents in Nuremberg is relatively flexible and can move if necessary. Anyone who buys a property, whether a home or a condominium, is tied to the property for the long term at least by the loan or financing. What are typical first-time buyer mistakes from your experience as a real estate agent and how can you avoid them?

C. Reinhart: A typical mistake when buying for the first time is to compromise on location. I.e. it is better to pay “too much” for the right property than to buy a “bargain” in a bad location that does not fit in the long run. A somewhat too high purchase price is soon compensated. A problematic location, e.g. on a main road, cannot be corrected without further ado.

Taxes and incidental expenses incurred

FIV: The purchase price of a property is one thing, but what ancillary costs and taxes must buyers in Nuremberg expect?

C. Reinhart: The ancillary purchase costs are usually around 8-10% of the purchase price. These consist of the property tax of 3.5% levied in Bavaria. Notary costs of 1.5% and broker commission of 3.5% together.

Incidental expenses:

• Total 8-10% from the purchase price
• 3.5% Property tax
• 1.5% Notary fees
• 3.5% brokerage commission

Here you can see a bedroom:

Real estate as an investment: safeguarding the future

FIV: Nuremberg districts for real estate investment – we come still to real estates as capital investment in Nuremberg, for those, which want to buy and let. If our*r Leser*in for the purchase, with following letting, decides: Which 2 districts or satellites around Nuremberg would you recommend to a buyer for their capital investment in Nuremberg? In your opinion as an expert, where do the most future opportunities lie?

C. Reinhart: The preferred 1a location for capital investors is Nuremberg’s Old Town with the Sebald and Lorenz districts. Due to the high tourist attractiveness and the good mix and the large offer of shopping facilities, events, gastronomy and great residential locations, top prices are also achieved here. This contributes to an increase in value and value retention. Otherwise, many other Nuremberg residential locations offer attractive opportunities for capital investors. Particular future opportunities are attributed to districts such as Johannis and Gostenhof.

Attractive districts in Nuremberg:

• Sebald
• Lorenz
• St. John’s
• Gostenhof

Sebald district:

Real estate with the most future opportunities

FIV: In your opinion, what type of real estate has a future in Nuremberg, what should one invest in? Small, large, existing, new construction?

C. Reinhart: Nuremberg offers attractive opportunities for capital investors in all real estate categories. However, as a student city and tourist magnet, we would like to highlight small residential units such as apartments and 1-room apartments here as particularly attractive for capital investors.

FIV: Finally, one more question: You had mentioned the typical mistakes buying a property. Many buy, but some also want to sell. As an experienced real estate agent in Nuremberg, what tips can you give to those who are selling a property for the first time? What are the first steps and how do you successfuly sell a property in Nuremberg?

C. Reinhart: The central basis for a successful real estate sale is professional market pricing.

If the price is set too high, the property is “burned” on the market. If the price is too low sellers give away money

Here, a competent real estate agent with expertise and market knowledge is the ideal partner for owners to bring together the interests of the parties involved from the price setting to the successful notary appointment.

Rent, buy, live in Nuremberg

The real estate market in Nuremberg is large and for this reason it is important to find the best real estate agent for you. In our overview you will find the best real estate agents from Nuremberg, who can make your dream of your property possible.

• Real estate agent Nuremberg

First apartment? Step by step to capital investment

Buy your own apartment – As soon as you move into your first own apartment, for most people it’s rent, rent, rent. Every month you go to work many hours, to spend the largest part ultimately for the next rent due at the beginning of the month. It’s no wonder that many young people are considering buying a condominium as soon as possible.

• Buy first apartment

Rent, buy, live in Potsdam

Our interview partner, has specialized in brokering, selling and renting real estate in Potsdam and the surrounding area. In an interview we talked about attractive districts, financing options and the current real estate market. Here you can learn everything about the first apartment purchase, different types of houses and types of apartments.

Potsdam at a glance:

Potsdam from close up:

Rentals: Service charges

You have decided to rent or even lease a house or apartment in Potsdam? Then you should definitely know more about bedroom furnishing and exclusive terrace design.

Buy: Investment

Find your new home in attractive neighborhoods of Potsdam and avoid serious mistakes in your purchase! Find out what you should know before you buy in this article! Are you also interested in other cities? We have selected other interesting cities for you, such as Düsseldorf, Aachen and Duisburg.

Interview – All about the Potsdam real estate market

Are you looking for a suitable property in Potsdam? But are you wondering which are the most popular districts to live in, whether it is better to rent or to buy, or how high the ancillary costs and taxes are in Potsdam? Then you have come to the right place. Because we have talked to a real estate agent who will answer all your questions about real estate in Potsdam.

Sebastian Wicke: Real estate agent interview

FIV: Before we talk about Potsdam and its real estate market and your recommendations for tenants and buyers, we would like to know a little more about your agency WS Immoconsult Wicke. Could you briefly summarize for our readers what your agency does and what you specialize in?

Sebastian Wicke: For more than 22 years I have been working nationwide on topics related to all kinds of real estate, but I once started in the construction and commercial real estate sector. Already after few years residential real estates came in addition and meanwhile we understand ourselves not only as local brokers for Berlin and Brandenburg, but as competent real estate professional with country wide cross-linking around our customers with each inquiry optimally to further-help to be able.

Our customers appreciate our obliging and above all fast as well as qualified acting. In essence, we live from our good reputation and the recommendations of satisfied customers for Potsdam and also our Berlin business. Our range of services is extensive and regularly adapts to current requirements – so we have also been serving the now booming market with furnished properties, the “temporary living”, for years now.

Our focus services include, of course, the classics such as:

Sale and rental of real estate of various types, whether residential or commercial, both new and existing, whether investment or owner-occupied.

Of course, we also master the discreet sale on request and also carry out larger off-market transactions in the sale of apartment buildings. We are pleased with our large customer base with search profiles of all kinds, which is very helpful and pleasant in this regard. The customer is still king for us – we therefore make a point of being available on weekends or in the evening, when there is simply more time and peace of mind, just as it is needed.

As a rule, our customers are busy with their own jobs during the week and have neither the time nor the nerves for appointments during the week or in the evening. If the property is then in the dark, it is also less fun to get a good first look. In addition, often the partner or the family also want to take a look at the object of desire, and then decide together. For this reason, we and our team are often on the road on Saturday or Sunday.

Single-family house in Potsdam:

Popular real estate in Potsdam

FIV: As a real estate agent in Potsdam, which properties do you personally prefer to broker?

Sebastian Wicke: Of course we enjoy every project, because no two properties and no two clients are the same and there are always individual tasks and “matches” of buyers and sellers or landlords and tenants waiting for us. We never stop learning, which makes it all the more exciting. Personally, vacant residential real estate, whether for sale or rent, is a special joy every time.

Experiencing the transition between previous owners/landlords and their story to the property and seeing the joy of a new buyer/tenant is an exciting and interesting process. We are happy every time to be able to help with the dream of living and to accompany the journey from the viewing to the handover and even afterwards. Investment properties are less emotional, although of course no less exciting with a different intention.

Districts with a future: Bornstedt & Krampnitz

FIV: Neighborhoods for Singles, Families & Co. – For those who don’t live in Potsdam yet and want to move to Potsdam, which neighborhoods have a future? Where should you move to in Potsdam if you want to live nicely?

Sebastian Wicke: For everyone, “beautiful living” is an individual question and solution that we first have to work out together with our customers. One wants it green and quiet, the other urban and lively on the doorstep, the third then family-friendly with a focus on a good connection to Berlin. And Potsdam can do it all! There is a location for everyone here.

Whether it’s the beautiful, historic old town, culture, historic areas with a modern, cautiously redeveloped coat of paint like at Neuer Markt, new development districts like Bornstedt, Neu Fahrland or soon Krampnitz – new districts can always be experienced in Potsdam or old ones perceived in a new way, because there is movement throughout the city. The respective micro-location is different for everyone. But outstanding at the moment is Babelsberg, which has always been sought after and is now more and more in demand.

A view over Bornstedt:

It is developing very rapidly and also boldly, as the planning around the Filmpark shows. Daniel Libeskind’s recently published design for a tower-like new building complex has certainly generated a lot of attention. But the area around Potsdam’s main train station with the RAW site and Speicherstadt also shows how the city is developing.

Living room in a family house:

Price development of current real estate

FIV: Rents are a major issue throughout Germany. How has the real estate market and rental prices in Potsdam developed in recent years and how will they develop in the future?

Sebastian Wicke: As is generally the case throughout Germany, rents in Potsdam have of course risen rapidly in recent years due to many factors and have more than doubled in some cases for new leases in the last 10 years. Due to the very high daily search requests, I do not see a turnaround in the near future. The demand for housing of all kinds is there and rising, whether it’s a 1-room apartment or a 6-room apartment.

The rent increase applies to every property, regardless of price range. Nevertheless, we can always observe a large number of suitable tenants for each property, so that we could immediately let each house or apartment several times over, sometimes with long waiting lists. Potsdam has virtually no really bad locations; anything goes.

Types of real estate: recommendation for young couples and singles

FIV: In Germany, more people rent than buy. What would you recommend to a young couple or even a single person, renting or buying in Potsdam?

Sebastian Wicke: Whether to rent or buy has to be considered individually for each customer and also depends on personal means and, above all, life planning. We have customers whom we would never advise to buy, because they are simply often on the “jump” professionally and after 1-2 years move on to a completely different region. Nevertheless, it is also worthwhile for a single person to think about property if the future is foreseeable for the next 3-5 years.

For those who have capital left over and are looking for something anyway, buying is the better option to invest the capital securely, save the rent and take advantage of price developments of + 6-11 percent p.a. when selling later. With the current historically low interest rates still ideal. Provided of course they buy in the right corners the right object.

Typical first time buyer mistakes

FIV: Anyone who rents in Potsdam is relatively flexible and can move if necessary. Anyone who buys a property, whether a home or a condominium, is at least tied to the property for the long term by the loan or financing. What are typical first-time buyer mistakes from your experience as a real estate agent and how can you avoid them?

Sebastian Wicke: In principle, flexibility is not necessarily limited even with a purchase. There is the option of later renting and usually this always covers the burden of the loan, the house money and usually there is still a small surplus for contingencies to save. The first mistake is often when buying BEFORE the notary appointment to save on a neutral appraiser for a brief check, if you have never had to do with real estate and have not already developed an eye for it yourself.

Kitchen in a single-family house in the Potsdam area:

Every serious seller allows this and it is in no way a bad thing, quite the opposite. In the case of good real estate, a neutral expert opinion rather underlines the quality of the object. There are always little things, but this is about the major overlooked damage that can become financial ruin. Altogether it represents a really manageable Invest of 600, – to 1000, – euro, if one considers the extent of the investment, and the customer can sleep immediately calmer with an expert opinion, if it goes then to the notary. The next first-time buyer mistake is often found in the financing.

I can only recommend using financial portals and independent financial advisors/credit brokers in addition to your bank. This saves over the term and with good advice even five-digit amounts over the term. Never accept the first offer. Other mistakes are too extensive individualizations or very “special” tastes in the first property: the colorful tile backsplash, the red or yellow kitchen or windows in trendy colors during construction. This catches up with us all when we sell – costs cash for the seller and leads to more difficult conditions for us when we sell.

Taxes and ancillary costs in the Potsdam area

FIV: The purchase price of a property is one thing, but what ancillary costs and taxes must buyers in Potsdam expect?

Sebastian Wicke: In terms of ancillary costs, unfortunately most of the costs are regulated by law, so unfortunately you can not avoid the following costs that are fixed: These are in Brandenburg 6.5% land transfer tax (incidentally, the maximum rate in Germany, Bavaria has 3.5%), notary and land registry costs of about 1.5-2% on the purchase price in the notary contract, these fees are also regulated by law.

At least with regard to brokerage costs, something has been done to relieve the burden on the buyer. It has been legally and federally regulated that since the end of 2020 the pro rata cost sharing of the commission between seller and buyer in equal parts, usually between 3 – 3.57% incl. VAT. (per party) on the purchase price for single-family houses and condominiums. Land and apartment buildings are excluded from this. There it is usually a buyer’s commission, which, by the way, is then also occasionally negotiable, which many do not know. A good broker does not let a deal fail there and finds a balanced solution for all. Dare to address this.

Incidental costs at a glance:

• 6.5 % Real estate transfer tax
• 1.5 – 2 % Land register + notary fees
• 3 – 3.57 % commission

Apartment & houses as an investment: buy and rent

FIV: Potsdam neighborhoods for real estate investment – Let’s move on to real estate as an investment in Potsdam, for those who want to buy and rent. If our*r Leser*in decides for the purchase, with following letting: Which 2 districts or satellites around Potsdam would you recommend to a buyer for their capital investment in Potsdam? In your opinion as an expert, where do the most future opportunities lie?

Sebastian Wicke: Kaptalanlage in Potsdam is exciting, because the Potsdam area can no longer really be called “cheap”, but Munich never was and has only developed in one direction in recent years. I continue to be very optimistic about the Potsdam area and unfortunately have to let my hopes of a “bubble” burst. If at all, this can only be cautiously observed in individual projects or in micro-locations and in the upper high-price segment.

Dining room and living room in one:

Due to the good economic development of the metropolitan area of Berlin with its start-up boom and the investments in the surrounding area with Tesla or Microvast and their magnetic effect, which we are already clearly feeling, as well as the great position as a science and university location through SAP and the University of Potsdam and their growth, Potsdam remains an exciting and worthwhile investment. Every year there is a renewed struggle for housing and there is a shortage of everything, especially affordable student apartments and basic housing in general, as demand is constantly increasing.

Although Potsdam, unlike Berlin, is really building a lot more, there is no oversaturation in sight. The decisive factor after the investment is of course a good tenant selection, so that it is fun. By the way, we also take care of renting! We feel since the beginning of the Corona Pandemie also an additional, increased pressure from Berliners who want to get out of the “tight and tense city” and seek more lifestyle through more space with home office and recreation time with style in Potsdam and the surrounding area. It may now be the room more and the garden or a larger balcony in the quieter, elegant Potsdam.

Especially since there is now even less commuting due to more home offices and the route to Berlin to the workplace is then suddenly only 2-3 times a week no longer a big burden. Alternative locations can be found in the surrounding area and are still affordable. There would be Michendorf or Beelitz with good connections via the highways, improved rail connections in the near future and a lot of nature and recreational opportunities for the family. A lot has happened there in recent years, old towns have been revitalized, modernized and beautified, schools and daycare centers have been built and the infrastructure has also been extensively expanded. By the way, the State Horticultural Show will begin in Beelitz on April 2022, so it’s worth taking a look twice.

Broker assessment: Real estate with a future

FIV: In your opinion, what type of real estate has a future in Potsdam, what should one invest in? Small, large, existing, new construction?

Sebastian Wicke: Clearly, it’s small apartments that have been lacking for years. Apartments between 1-3 rooms in almost all locations, gladly renovated old buildings, good stock or modern new construction, if it is not too expensive. The price increase per m² is also highest here. The percentage of singles is also increasing in Potsdam and the pressure from the University of Potsdam with its students or the settled science locations with young professionals, who are just moving to Potsdam for various projects, is constantly there. Furnished apartments also continue to be a topic and can be worthwhile if the rental is regulated and the entry price is not too high.

Bedroom in Potsdam apartment:

First steps and tips

FIV: Lastly, one more question – you had mentioned the typical mistakes when buying a property. Many buy, but some also want to sell. As an experienced real estate agent in Potsdam, what tips can you give to those who are selling a property for the first time? What are the first steps and how do you successfuly sell a property in Potsdam?

Sebastian Wicke: The timing for a sale couldn’t be more ideal. There is pressure in the market due to the scarce inventory, the influx and the low interest rates in the market. Anyone who has owned a property in Potsdam or the surrounding area for a few years has done everything right and is the owner of a small or large asset – but currently only on paper. It is important to carefully select the right partner for the intended sale and not to “fiddle around” with it yourself, according to the motto: “I can do the ad myself and then my property will be gone anyway, so I won’t need a real estate agent!

The problem is not to find a buyer, but to assess the value correctly, objectively, neutrally, without emotional and personal influence. Of course, everyone is biased with their own things and taste. This makes it difficult to negotiate directly with the owner between seller and buyer. This is what we are here for, to form a healthy, value-free party for both sides and to arrange the middle way during the viewings and negotiations. We always try to level the optimal deal for both sides also with our own ideas and experience.

Kitchen in a Potsdam apartment:

We would not have sold many properties if the owners and buyers had met right at the beginning when selling or buying their own home and the different tastes, emotions or desires. Another important aspect is that we then also go into deeper discussions with the right prospective buyer and carry out a financial and solvency check.

A completely different topic are the constantly growing legal requirements and risks in the sales process from the legal obligation of the energy certificate and the information of the energy label to the DSGVO, rights to the image or incorrect area information and descriptions in the exposé or the later missing documents for the bank financing of the buyer. My tip is the selection of a reliable partner and professionals with enough experience via recommendation or some own research under consideration of reviews on various portals.

It doesn’t always have to be a well-known chain or a big name or come from a TV commercial with nice words. Have a longer personal conversation, gladly also right at the property. The chemistry should be right and the professional qualifications and history and local experience should not be underestimated. As a rule, it is also not very serious to name a price right on the spot at the first appointment without knowing the floor plans, exact areas and especially the state of maintenance.

Especially not by mail or on the phone, before the object has even been inspected together. A qualified valuation requires good documentation and knowledge of the object and such a thing is not – as often promised – in 5 minutes. Each object is unique and not off the shelf like a used car. Also, it is usually the largest investment or the largest capital decision in the sale, which a person makes in his life. This deserves attention and time.

Thanks to Sebastian Wicke for the interview!

Rent, buy, live in Potsdam

The real estate market in Potsdam is large and for this reason it is important to find the best real estate agent for you. In our overview you will find the best real estate agents from Potsdam, who can make your dream of your property possible.

• Real estate agent Potsdam

First apartment? Step by step to capital investment

Buy your own apartment – As soon as you move into your first own apartment, for most people it’s rent, rent, rent. Every month you go to work many hours, to spend the largest part ultimately for the next rent due at the beginning of the month. It’s no wonder that many young people are considering buying a condominium as soon as possible.

• Buy first apartment

Tiny House – Invention in the USA & Movement in Germany

What exactly is a Tiny House and why do people decide to live in such a small space? As expected, the trend of Tiny Houses comes from the USA. The USA is not only known for its crazy inventions, but also for great cities like Miami. Their beginnings can be found already 100 years ago, when tinkerers decided to transform domestic comfort into mobility. The so-called “motorhomes” were reminiscent of fully equipped miniature versions of houses with wheels and the front part of the car.

Minihouse Movement in Germany

In Germany and many other parts of Europe the idea is still in its baby shoes. It is rather an exceptionality to see something like that with your own eyes here. Really popular are but rather other types of travel, such as camping and package tours.Inspired by the books of Sarah Susanka arose an incredible hype already at the end of the 70s. The trend came from the USA. It satisfied the great need of many people to get rid of unnecessary luxury and live in a minimalist way in their own four walls without big costs or debts.

One speaks of three kinds of the small houses:

• Mini House
• Tiny House on Wheels
• Modulhouse

All are a maximum of 100 square meters and are limited to the bare necessities. Such a size can be practical, but also bring disadvantages. Here you will find the most important advantages, as well as disadvantages before buying or completing a Tiny House:

Advantages Tiny House

The advantages of Tiny Houses are manifold. On the one hand, you have low construction costs, after all, you have much less material and area to plow. Likewise, your maintenance costs are much lower, after all, you need less to heat, but also less electricity for light.

• Low construction costs
• Low maintenance costs
• Tiny Houses are good for the environment
• Less time spent on cleaning, tidying and maintenance
• Mobility and flexibility
• Possibility to quickly add living space
• Minimalism trend

Disadvantages Tiny House

Even the most beautiful ideas have their quirks and drawbacks. Especially in nature, you have to reckon with the fact that it can get cold very quickly and the comfort is smaller and tighter when it then comes to family planning or guests.

• Tiny Houses are not suitable for families
• Great planning effort
• Elaborate approval procedure & insurance
• Less living comfort
• No room for guests
• Winter cold
• Restrictions on household effects

Young woman builds Tiny House for 5,000 euros

Elisabeth (35) was fed up with her old life in the north of England, was unhappy with her job and wanted to live more simply and sustainably. In Andalusia she fulfilled her childhood dream and built her own little wooden house. By watching a lot of YouTube videos she realized how easy it is to create something so great with enough confidence and the right imagination. And she did it inexpensively with partly recycled furniture and household appliances from flea markets.

Fancy a DIY project? Learn more about the costs and benefits of a van conversion here.

Her way was not completely without complaints, she also made many mistakes, but she had nothing to lose. The end result is definitely something to behold. After a year of working 4 days full time in the beginning and the rest of the time into finishing, this is what her Tiny House on Wheels looks like:

Consumer dropouts: With children in the mini-house

Rewrite – Young families in particular dream of a life without a professional hamster wheel and expensive rent. They want to remain flexible, economize and have time for each other. Alina and Flo have realized their dream and live with their two daughters in a yurt. Katharina and Kolja are also getting out, out of consumption. Together with their daughter Klara, they move into a self-built mobile mini-house.

Even though everything didn’t start out so colourful and there was a lot of astonishment from family and acquaintances, the couple decided to go through with it. While Kolja and Katharina invested 26,000 euros in their Mini House on Wheels, Alina and Flo opted for the cheaper option on the organic farm in the yurt.

For both, however, it was clear that all the savings would go and their lives would change 180 degrees as usual. With only 650-700 euros a month, the families try to get by and work only the bare minimum in mini-jobs (despite having finished their studies) to have more time with the family and less exhaustion in everyday life.

First Tiny House village in Germany

Steffi and Philipp live their dream on 25 m². Both have founded the first Tiny House village in Germany in Mehlmeisel. After graduating from high school, they both started traveling, Phillip first through Australia, then the two of them together through the USA and Canada. On their travels they discovered their first Tiny Houses. At first Steffi was very sceptical, but once she had seen them from the inside, she became friends with the idea. Unlike in the USA, finding a plot of land in Germany is very problematic. When they both bought their perfect property, there was still a lot of space for more residents. This is how the idea for the first Tiny House village in Germany came about!

Procedure, costs and the separation year – all the facts about divorce

Divorce is the last resort for many. Nevertheless, there are many facts to know in order to make a divorce as uncomplicated and pleasant as possible for all involved. We, the experts at IHV, therefore clarify all the important questions so that you can approach the subject of divorce with the necessary expertise.

The divorce process – step by step to divorce

The family court generally decides whether a divorce is amicable or contested. If a divorce is amicable between the two spouses, the divorce proceedings are very simple. If the separation year is completed, only the divorce and the pension equalization, which is usually carried out ex officio, must be decided. In such a case, one lawyer is sufficient for both spouses, which saves enormous divorce costs. Often even an online divorce for the spouses offers itself, whereby the time expenditure is enormously minimized and the costs are kept low. An amicable divorce can be greatly favoured by a divorce settlement agreement, which is already drawn up by the spouses during the separation year.

If there is a contested divorce, both spouses are required to be represented by their own attorneys. This increases the divorce costs for both parties enormously. The proceedings in contested divorces usually take longer than in amicable divorces and involve higher costs.

Learn more about the divorce process!

If the divorce date is set by family law, the spouses must appear in court with their legal representatives in the case of contested divorces or with joint counsel in the case of amicable divorces.

The divorce hearing begins with the so-called call to the matter, where the parties and the lawyers are asked into the courtroom and the public is excluded from the proceedings. First, the personal details are checked and a look is taken at the marriage certificate. The court then clarifies the expiry of the separation year and asks whether both spouses consider the civil partnership and conjugal life to have broken down. If either party is not convinced that the marriage has ended, the court will ask why and consider the merits of the case. However, if no successful attempts at reconciliation or inconsistent behaviour by the petitioner can be shown, the divorce may become final. Finally, the equalization of pensions and the subsequent matters in contested divorces are discussed. Once all relevant points have been clarified, the divorce decree or divorce order is issued. For this purpose, the public is re-established and the court announces the decision on both the divorce and possible consequential matters. With this step, the divorce is legally binding.

• The family court decides whether it is an amicable or contested divorce
• This fact affects the process and cost of divorce

Divorce with separation year – the most important facts

Marriage and the family are regarded as one of the most important social institutions in the legal system. The separation year is therefore intended to act as a preventive measure against possibly wrong, purely emotional and only temporary decisions that could be regretted afterwards. Even though the separation year is seen by many married couples as harassment or a pure burden, the intention behind the regulation is clear, to review and possibly revise the decision in the given time. In addition, the time is useful to take care of some matters that are important for the divorce process going forward. Although there is a requirement to prove that the separation year has been completed, it is not possible to apply to the court for the start of the year or have it notarised. It therefore makes sense to record the beginning in writing.

A shortening or even a complete omission of the separation year can only be brought about by a hardship decision of the court according to § 1565 paragraph 2. An example of such a decision can be extreme domestic violence, which the court classifies as undue hardship.

Attempts at reconciliation during the separation year are certainly permitted. However, these are subject to certain guidelines. Attempts at reconciliation that do not last longer than three months do not lead to an interruption of the separation year. The time during which the separation was interrupted therefore counts towards the 12 months of the separation year. For any attempts beyond three months, the family court will assume that the couple have reconnected. The couple also has the option of withdrawing the divorce petition themselves within this year. If the divorce is still to be carried out after this period, a new petition for divorce must be filed and the separation year starts all over again.

• To get a divorce, a couple must go through a separation year
• The separation year is subject to certain rules laid down in the law

The divorce settlement agreement – custody, maintenance and amicable divorce

In a divorce settlement agreement, all things concerning the marriage and the divorce can be regulated. In general, this agreement regulates how joint assets, joint children or similar things will be dealt with after the divorce. It is attempted to clarify all points that are normally settled during the divorce in advance, in order to make the divorce as simple as possible. To a divorce succession agreement belong in detail things like the maintenance. Here, both the separation maintenance for the period from the separation to the divorce and the post-marital spousal maintenance for the period after the divorce can be regulated.

The divorce settlement agreement also regulates the custody of joint children, their maintenance and, if necessary, the right of access for the non-caring parent. In addition, the divorce settlement agreement will specify how joint assets, such as the joint home or household effects, are to be dealt with. Other possible points of a divorce settlement agreement are the agreements on the equalisation of gains, exclusion of the legal matrimonial property regime of the community of gains and agreement on the separation of property, the waiver of the right to inheritance and the right to a compulsory portion and the continuation of the joint family name.

• The divorce settlement agreement helps to clarify a divorce by mutual consent in a quick and uncomplicated way.
• In the agreement, various issues can be settled between the spouses before the court date

The pension rights adjustment – procedure after the divorce

The pension entitlements are different for most married couples. This fact is due to the fact that one of the spouses has not worked for a certain period of time due to raising children, has been unemployed or has been employed in the public sector. To compensate for this difference, there is pension equalization, which is intended to ensure that both spouses have good retirement security. However, only the pension that was earned during the marriage period is taken into account. The pension earned is divided up in the divorce in such a way that both spouses leave the marriage with the same amount.

Since only the pension entitlements that were acquired during the marriage are included in the pension rights adjustment, the marriage period is decisive for the amount of the adjustment. The marriage period runs from the beginning of the month in which the marriage was entered into until the end of the month preceding the service of the divorce petition. If the period of marriage is less than three years, no pension equalisation has to be carried out on divorce unless one of the spouses insists on it.

Pension entitlements acquired during the separation period are also included in the pension rights adjustment. However, if the separation period is unusually long, it may be justified under certain circumstances to calculate the pension equalisation only for the period from the marriage until the separation. No pension equalization can be approved by the court only in divorces involving special misconduct. This case is when one spouse has massively threatened or injured the other.

• The pension rights adjustment regulates the pension entitlements of the spouses.
• The period of marriage is decisive for the amount of pension equalisation

Pension entitlement – splitting the pension after divorce

At first glance, the pension equalization is fair for both parties, but in practice it shows only problems with which the spouses have to struggle. It becomes particularly problematic for married couples who only divorce at an advanced age. Where both partners together were well provided for in old age, they often find themselves with only two poor households after the divorce. If a divorce is finalized at a young age, both parties still have the opportunity to supplement their pensions as they continue to work, while older couples often face financial ruin. So instead of a schematic division, it can often be more beneficial for older couples if one party keeps the pension rights and exchanges them for other assets, such as a property. So the legislation here is not entirely optimal, as it does not offer everyone the same opportunities and can be particularly difficult for older couples by necessity.

• The pension entitlement can also be regulated separately from the pension rights adjustment.
• In certain cases, the pension rights are divided more fairly than in the case of pension rights adjustment.

Real estate in divorce – how to deal with joint assets

If two people enter into a marriage without a prenuptial agreement, they live in a community of accrued gains according to the law. A gain is defined as the amount by which the final assets of one spouse exceed the initial assets. So, during the marriage, the two assets remain separate and upon divorce, there is an equalization of the gain of the assets. Each spouse should therefore come out of the marriage with the same amount of accrued gains.

If only one of the spouses is registered in the land register as the owner of the property, the property belongs to this spouse alone even after the divorce. During the separation period, a court may also assign the property to the non-owner for use, but only if this spouse cannot find an affordable apartment for himself or herself and the joint children. However, this does not change the ownership of the property. However, a property also has financial consequences in the equalisation of gains.

A property that was bought, built or extended or modernised during the marriage represents an increase in value and is therefore relevant for the equalisation of gains. An inherited property or one that was already part of the property before the marriage only counts for the equalisation of gains if it was modernised or extended during the marriage. However, during the divorce, the property owner is not allowed to just do whatever they want with the property. If the divorce or the severed train profit equalization has not yet ended, the latter needs the ex-partner’s consent for the sale, for example.

If the property belongs to the spouses equally or also proportionately, it becomes difficult during the divorce, because the question of how to proceed with the joint property after the divorce is not always easy to answer. Who gets to live in the property, will it be sold or will it continue to be financed? This problem stems from the fact that the divorce does not also end co-ownership at the same time. Divorced spouses are therefore still jointly responsible for the property after the divorce.

• How to deal with real estate after divorce depends on the land register entry
• Depending on the entry, different procedures are applied to the assets

Alimony after divorce – the most important rules

Maintenance is only paid to those who are in need. This means not being able to support themselves from their own income and assets. However, the spouse in need must actively try to find a suitable gainful employment in order to claim maintenance. It is considered reasonable if it is commensurate with education, age, ability, and health conditions. If the spouse receiving maintenance moves in with a new partner, the claim to maintenance may lapse in accordance with § 1579 no. 2 BGB.

Maintenance is only paid by the person who is able to pay. This means being able to pay alimony without jeopardizing his or her own reasonable livelihood. The spouse paying alimony must therefore always have a deductible remaining. According to the Düsseldorfer Tabelle, the monthly personal requirement without personal requirement amounts to 1,200 euros.

The amount of post-marital maintenance is always determined equally by both spouses. First, the income relevant for maintenance is calculated. From the gross income, taxes, social security contributions, reasonable professional applications of a flat rate of 5% and actual expenses for retirement provisions of up to 23% of the gross income are deducted. If the spouse pays child support, this must also be deducted. Of this value, a lump sum of three sevenths, i.e. just under 43%, is deducted as post-marital maintenance if the other is not gainfully employed. However, the person obligated to pay maintenance must be allowed to keep a minimum amount of 1200 euros as a deductible.

More on the topic of divorce alimony!

• There are many different forms of alimony in divorce
• The amount is calculated on the basis of various factors

The change of name after divorce – the options for spouses and joint children

In order for a surname change to take place after a divorce, the marriage must have been legally divorced. A final divorce is when there is no longer any right of appeal against the divorce decree. To ensure this, either both spouses must waive appeals at the divorce hearing or neither spouse must appeal the divorce decree through an attorney within one month. On the divorce decree, an affixed notation of res judicata is used by the court to document that the divorce is final. In order to obtain this, the divorce decree served after the divorce must be sent to the court again with the request for the note of res judicata. Only then is the document to be considered a legally valid divorce and usable for the name change.

The change of name can be carried out after the divorce at the respective competent registry office, as the family register is kept here. Some documents are required for this. On the one hand, the divorce decree with the final decree, an identity card or passport and, if necessary, a certified copy of the marriage register if the person concerned has moved after the marriage. If all these documents are available, the name change can be carried out directly on site. The registry office charges an amount of approx. 25 euros for the certification and authentication fee. In addition, there are costs for issuing or changing important documents, such as the identity card, passport, credit cards or driving licence.

• The change of name is possible for the spouses after the arbitration without any problems
• The change of the surname can be made at the registry office

Pass on right during lifetime

Without a will, the estate will be distributed according to the rules of legal succession. However, this is not always in the interest of the testator. If a will exists, the estate can be distributed differently than provided for by law and even persons who are not blood relatives can inherit. The drawing up of a will is therefore not only important to regulate the last will and testament exactly, but also to avoid disputes in the family.

Frequently asked questions are above all:

• What is the compulsory portion of the heir?
• What is the compulsory portion of the heir?
• What does the spouse inherit?
• What is the legal succession?

The will regulates everything

A will overrides the legal succession and can therefore determine a new succession. The testator determines who is to inherit. If several persons are named, the assets are usually divided according to quotas. Writing a will also enables the testator to leave individual things to certain persons, such as a car, jewellery or real estate. However, these are not legally regarded as heirs, but as bequests. In order to avoid disputes about the estate, the estate can be distributed in a will in such a way that no points of dispute can arise.

Wills can be drawn up with or without a notary. If a will is drawn up without a notary, a number of things must be taken into account. The author must be at least 16 years old and “testable”, i.e. in full possession of his intellectual powers. The will must be written by hand, because computer printouts are not sufficient as a valid will. If the will is several pages long, each page should be numbered, stapled together and each page uniformly dated and signed. A clear heading, like “Testament” or “My Last Will” is recommended to make the purpose of the writing clear.

However, if a will is drawn up with the help of a notary, this means that the testator has given his last will and testament verbally to a notary for the record. This is particularly important if real estate is part of the estate, as either a certificate of inheritance or a notarial will is required for transfer to the land register. If a notarial will exists, the heirs are spared the costly and time-consuming inheritance certificate procedure.

Heaving without a will – the legal succession takes effect

The legal succession regulates both the order of the heirs and the individual quantities that are inherited. First the next relatives inherit, like children and grandchildren and afterwards the more distant relatives, like nephews and nieces. Closer relatives generally exclude more distant relatives from the succession. The rate at which the individual heirs inherit is documented in the certificate of inheritance. The legal succession depends on the Parantel or order system. It divides the relatives into different orders. According to this, children and grandchildren of the testator belong to the first order. Parents, siblings, nieces and nephews of the testator are assigned to the second order. The third order includes grandparents, uncles and aunts as well as cousins of the testator. Spouses and registered civil partners are not regarded as relatives, but have the right of spouse inheritance. This gives them a special position and restricts the right of inheritance of the relatives. Relatives of the previous order always exclude relatives of a subsequent order from the succession.

The spouse

The spouse or registered partner is not considered a relative in the legal succession, but has a special position. If the deceased leaves behind both spouse and children, the spouse inherits half of the estate and the children the other half. However, if there are more than three children, the spouse receives only a quarter and the children divide the rest among themselves. If there are only second order relatives or grandparents, the spouse receives half of the estate and the second and third order relatives share the other half. If there are no relatives of the first, second or third order, the spouse inherits everything.

The first-order heirs

The children and grandchildren of the testator are counted to the first order. Nonmarital children born after 1 July 1949 are also entitled to inheritance. If a child of the testator and the spouse lives at the time of death, both inherit half. If several children live, the inheritance is divided between them and the spouse. If the deceased’s children have already died, the grandchildren inherit.

The heirs of the second order

If there are no children or grandchildren, the heirs shall be of the second order. The second order includes parents, siblings, nephews and nieces. If both parents of the deceased live at the time of death, the estate is divided equally. However, if one parent has already died, the descendants of that parent, i.e. siblings or nieces and nephews of the deceased, take this place.

Third order heirs

If the deceased leaves only heirs of the third order, the estate shall be divided as follows. The grandparents and their descendants shall inherit the estate of the deceased. If a grandparent is already deceased, the inheritance also falls to the aunts, uncles, cousins and cousins of the testator.

Adopted children

An adoption gives a child the legal relationship. If the child is a minor at the time of adoption, it acquires the legal status of a joint child of both spouses and thus belongs to the heirs of the first order. Thus not only the adoptive child inherits from the parents, but also vice versa. With the adoption, however, the child loses every claim, all rights and duty to the blood relatives and is therefore no longer entitled to inherit from the natural parents. This is not the case for adopted children who are of full age. The relationship to the biological parents does not expire and so an adopted child of full age can be entitled to inherit from up to four parts of the inheritance, the biological and the adoptive parents. However, there is no legal right of inheritance against the relatives of the adoptive parents.

Herit debts – reject inheritance or not?

An inheritance does not primarily mean wealth and new possessions. An inheritance is often burdened with debts and means a lot of responsibility for the heirs. After death, the heirs not only take over the assets, but also the rights and obligations of the deceased. If this includes debts, the heirs are also liable with their private assets. If it is clear from the outset that the debt is inherited, the inheritance can be rejected within the six-week period. If it only becomes apparent later that the estate is encumbered with debts, an application for insolvency can be filed. The private assets of the heir are thus protected and the debts only have to be repaid from the estate. If there is an inheritance case, the inheritance should be carefully examined and examined for debts. The inheritance can be refused by any heir. This is particularly useful if debts or real estate in need of renovation are part of the estate.

Reverse the inheritance – depending on the situation, sensible

The inheritance does not always provide only good things for the descendants. Even if many dream of riches and expensive jewellery, debts or dilapidated real estate can also belong to the inheritance. In such cases it is possible to reject the inheritance within a certain period of time and taking into account certain criteria.

No heir is obliged to accept the inheritance. This is possible above all for the protection of the heirs, because this gets not only the fortune, but also the debts of the deceased, for which it is responsible with the own private fortune. So before an heir is started or struck, each heir should first of all get a precise overview of the financial circumstances and debts of the deceased. These include bank balances, securities, valuables, land and real estate as well as funeral expenses, loans, maintenance arrears and compulsory portion claims. The costs of administering an estate or opening a will can also be added. If this examination reveals that there is more debit than credit, it makes sense to reject the inheritance. If the estate includes real estate in need of renovation, a detailed examination is also necessary. If the inheritance is taken up, a lot of money has to be invested in the renovation work, which can be very expensive depending on the case. So consider carefully whether or not you want to take up the inheritance in such a case.

Once an inheritance has been accepted or the deadline has been exceeded, there is usually no turning back. However, here again exceptions confirm the rule. In certain cases it is possible to withdraw from the inheritance afterwards. If, for example, it comes to light after acceptance of the inheritance that the estate contains a high credit of the deceased, of which you knew nothing until then, the acceptance of the inheritance can be challenged. As a prerequisite, however, you must have had comprehensive knowledge of the assets and debts of the estate. However, if the heir wishes to challenge the assumptions because the six-week period was not known or it was not clear when it would begin, a good lawyer can do the same.

Heirloom rejected due to overindebtedness

In the opposite case, there are also some possibilities. If the inheritance has been rejected due to over-indebtedness and it turns out afterwards that the inheritance does not contain as many debts as initially assumed, the rejection cannot be contested. However, if it turns out afterwards that securities or real estate belong to the estate of which you had no knowledge at the time of the disbursement, a challenge is indeed possible. The challenge must be made in writing and justified to the probate court within six weeks of the error being discovered.

Free heir’s allowance

In order to protect the heirs from a large financial burden, different tax rates and allowances apply depending on the degree of kinship. These allowances include various things that do not have to be taxed so that the heirs do not have to pay most of the tax, especially in the case of a large estate.

Financial relief for heirs

This includes the allowances to be paid if the partner or the children were dependent on the financial support of the deceased. For spouses, the pension allowance amounts to 256,000 euros provided the surviving spouse does not have a widow’s pension or a company pension for which no inheritance tax is payable. If such a pension is available, the value of the pension is determined based on the expected duration of the benefits and the benefit allowance is reduced by this value. For children, benefit allowances apply that are graduated according to the child’s age at the time of death. Infants up to the age of 5 years are entitled to a pension allowance of 52,000 euros. Starting from this point, the allowance falls by approx. 10,000 euros every five years. Children aged 20 to 27 can therefore claim a pension allowance of 10,300 euros, but these allowances are only relevant if the children do not have their own pension, such as an orphan’s pension.

The other allowances, in addition to the pension allowances, are regulated according to the degree of kinship and are independent of the surviving dependant’s pension or one’s own assets. Accordingly, spouses and registered civil partners inherit an allowance of 500,000 euros. Children of the deceased or grandchildren of the deceased, if their parents die before the inheritance, can claim an allowance of 400,000 euros. Grandchildren whose parents are still alive can claim an allowance of 200,000 euros. Great-grandchildren or the deceased’s own parents are entitled to an allowance of 100,000 euros. All other heirs can claim an allowance of 20,000 euros. So that as little tax as possible has to be paid in the case of inheritance, the testator can make important decisions long before death and determine them in the will.  Only what remains after deduction of the tax-free amounts from the estate is taxable. Each taxable acquisition is rounded down to a full 100 €. The individual tax rates for inheritance tax depend on the different tax classes of the heirs and are also graduated progressively.

Gifts and inheritance tax – the allowances

Inheritance tax and gift tax are closely linked. Almost the same allowances apply, but as in the case of inheritance, the tax-free allowances may only be transferred once every ten years. Testators who wish to reduce inheritance tax for their heirs must therefore start giving away their assets ten years before their death. In the case of patchwork families, it follows from this regulation that it may be sensible to adopt the spouse’s children in order to equate the tax allowances with those of the natural children. The adoption does not influence the succession to the other biological parent.

A gift thus actually makes it possible to save on inheritance tax. The testator must be aware of these possibilities and use them in a targeted manner in order to have to pay less of an inheritance tax. Nonmarital partners must bear in mind that even long-term civil partnerships only allow the given tax-free amounts if they are officially recognised, either by marriage or by registration of the partnership.

Duty part despite disinheritance – you have these rights

Basically every person can decide freely who he/she will appoint as his/her heir and whom he/she will 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 has a right to a compulsory portion. This claim must be requested by the heir himself, because these compulsory portion claims are not noted in the certificate of inheritance. If a testator determines a person as sole heir, this means on the one hand that he 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 Berlin will. In a classic form of the Berlin will, the spouses stipulate that the longer living partner is the sole heir and the children only inherit when both spouses have died. The parents disinherit their children until both have died. If someone is disinherited, the part of the inheritance that would have been due to this heir falls to the person who would have become the heir if the disinherited person had already died at the time of the inheritance.

In spite of a disinheritance, close relatives are entitled to a part of the property. This fact is based in law on the duty of care which the deceased has for his close relatives even after his death. However, this only applies to the next of kin, who are determined as follows according to the law: Close relatives include both legitimate, non-marital 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 testator as long as there are no children. Grandchildren are only entitled 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 participation and are therefore not to be understood by law as close relatives. Anyone who is disinherited must assert a right to the compulsory portion himself against the other heirs. 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.

Preliminary inheritance and subsequent inheritance – determined in the will

The testator is free to determine the heirs and can therefore transfer his assets to several persons in a time transfer. The heir receives his inheritance only after another person, in this case the previous heir, has inherited it. The testator can, for example, choose an occasion or a time for the occurrence of the subsequent succession, for example the age of majority or the passing of the master craftsman’s examination. The previous heir and the subsequent heir are both legal successors of the testator, but do not form a community of heirs in which they would inherit at the same time, but inherit at a different time due to the cause of the testator. The heir has an expectant right to the subsequent inheritance and thus the heir of the previous heir lapses in the event of subsequent succession, the latter ceases to be the heir and the inheritance accrues to the subsequent heir. In the event that the subsequent heir has already died at the time of the subsequent inheritance, the testator should make provisions and name further subsequent heirs.

Pre-heirship and post-heirship are often used by spouses to ensure that all joint assets remain in the family. The spouses nominate the other as the previous heir and the common children as the subsequent heirs. Even in the event of a remarriage after the death of a spouse, the assets cannot be bequeathed to the new spouse.

The communities of heirs – open communication and agreement

A community of heirs describes all the heirs of a testator. This comes into force when there is more than one heir and a community of heirs is automatically formed. The community of heirs, however, loses its effect at the beginning of an inheritance dispute. However, a dispute does not necessarily have to occur in a community of heirs. Since there are often disputes about the objects of inheritance in communities of heirs, many communities of heirs still exist many years after the death.

Discussing a community of heirs

In the ideal case, the heirs of a community of heirs pay any debts quickly from the estate and then dissolve the community of heirs by distributing the surplus according to shares. However, this is often not the reality. Disputes within the community of heirs often ensure that these remain unresolved for years after the inheritance. Every member of such a community of heirs has the right to demand dissolution at any time, even without good reason.

pay debts and distribute inheritance

In order for a community of heirs to be dissolved without disputes, it is advisable to follow certain steps. From the correct valuation of the estate to inheritance taxes, there are important formalities to be observed.

Pay the debts of the estate

The debts of the estate can be paid from the estate by the heirs of the community of heirs. It is not uncommon for objects belonging to the estate to be sold, such as real estate or land.

The indivisible objects sell

If a real division is not possible for certain objects, such as a property in the community of heirs, the heirs may have to sell or force the object to be auctioned. In order to do this, a realistic selling price must first be determined. If there is no agreement here, a division auction can be initiated by one of the heirs. Distribute the divisible objectsThe heir is primarily to be divided in nature by the heirs. Each heir can therefore take objects from the estate for himself in agreement with the other heirs. Money and securities can be divided by the community of heirs according to the respective shares.

The donations and endowments take into account

If an heir has received benefits or gifts from the testator during his lifetime, these may be subject to compensation. Gifts that are subject to extinguishment increase the estate mathematically and are deducted from the recipient’s inheritance quota. Each heir may ask the others for information on such benefits so that they can be taken into account correctly.

Consider the tax office

An inheritance is always subject to inheritance tax. However, some things from the inheritance can be deducted from the tax, such as the cost of the burial or fees for opening the will.

Calculate the discount

A community of heirs cannot be divided until the estate has been determined. The heirs receive most of the information from the bank where the deceased had the accounts or deposits. In order to obtain access to these, a certificate of inheritance or a will with a court opening record is required. However, the debts are also part of the estate. In order to determine the complete estate, the debts and the assets should be compared and balanced.

The notary helps

If an agreement cannot be reached, a notary can be called in by the community of heirs. The notary mediates between the heirs in order to reach an agreement as quickly as possible. However, it should be borne in mind that such assistance is associated with some costs.

Consider the nursing services

If a child has cared for the deceased parent during his or her lifetime for no consideration, compensation can be claimed for this. This must be commensurate with the duration, scope and value of the estate.

The partial auction – the last resort for communities of heirs

Objects, such as real estate or land, often give rise to disputes in communities of heirs. The ideas of how to deal with the joint property are too different and the parties cannot agree. Every heir has the right at any time to demand a dispute of the community of heirs and thus to force its dissolution. In such a case, a partition auction may be the last possibility to settle the disputes and resolve the community of heirs.

The partition auction involves some risks which should be well thought out in advance. The real estate could be sold below value and lead to low profits for the heirs. There are some alternatives that exclude these risks. The property can be sold privately, saving on application, legal and attorney fees. In addition, the heirs can choose the buyer themselves and thus ensure that the property is not sold below value.  Another alternative is voluntary auctioning. The community of heirs can turn to a public auctioneer who organises and conducts an auction. The advantage for the heirs is that the minimum bid can be determined by the heirs themselves and there is therefore no risk of an auction below value. In both cases, however, the community of heirs must agree unanimously to the sale of the property.