Real estate not only serves to meet the dream of one's own residence, but also as an investment secure against inflation. For many families and companies, they are attractive investment objects. How should real estate be handled in case of a divorce, inheritance with multiple co-heirs or transfer of a company, however? Property and real estate owners are exposed to some legal tripwires there.
As specialist lawyers in inheritance law and family law, we regularly process the corresponding cases the situations of which touch on tasks of real estate law.
real estate law
Real estate in divorce
Finding solutions to questions around the family residence, which is usually a shared property, is one of the central subjects in the divorce procedure. In addition to this, further real estate often plays a role in asset disputes. We will compile creative suggestions, balanced agreements on the consequences of divorce, preventive marriage contracts or, e.g., creation of a family pool for you for tax-optimised future models.
Real estate in the estate
If there is any real estate in your estate or in a community of heirs, the question about shared management or settlement of the estate will arise. Assessment of the real property is very important there. Our contacts with publicly appointed and certified experts often permit quick solutions.
Real estate in asset succession
Tax-optimised transfer of real estate to the next generation is one of the main subjects of the provisions on asset succession. After analysing the asset situation, the transfer of real estate is to be determined under consideration of the tax-exempt amounts. Often, a change of the asset regime is a good method as well to preserve the gains and optimally use the amounts. Designs of usage or residential rights, as well as the re-transfer clauses also play a special role.
Real estate in corporate succession
If there is any real estate in the company, it may be required under real-estate law that properties used by it can be acquired in addition to the company, or long-term contracts for their use can be concluded. It is also sensible to additionally limit disposal, e.g. by pre-emption rights, sale or encumbrance prohibitions.
The optimal structure of a transaction requires review of property-law situations and existing contracts as well as agreements in the scope of due diligence in any case of corporate succession. The corresponding provisions can be made subsequently.
If no solution for transfer of a property or sale to third parties can be found in case of divorces and settlement of communities of heirs, the division auction is the last level for dissolving shared assets in a timely manner. The property will be subject to compulsory settlement then. The procedure is always determined by tactical considerations. Whether you want to transfer a property as cost-efficiently as possible or sell it at the highest price you can realize: we will support you in defining and implementing your objective.
Real estate – An important part of your life plans
In addition to the purchase and sale of land, apartments or houses, real estate law also stipulates the use of real estate, the connected responsibilities and any transactions concerning real property. Legal disputes, issues and family-internal disputes concerning real estate and the right to use it are often closely connected to inheritance law and family law. This is where we, the specialist lawyers of the law firm Maltry and our experts, take interdisciplinary action. We consider ourselves your competent support to bundle information, experience and knowledge from the respective legal areas in order to develop the optimal solution for you.
Would you like to record property claims in existing real estate in a marriage contract? Do you want to have the property as such or the opportunities and risks before transfer of the real estate evaluated? What happens to the contracts that the previous owner concluded before the transfer? Do you need tactical support in case of a preceding division auction?
To keep your decisions made on short notice from having long-term detrimental effects: call us and profit from professional advice that you can trust in!