How can a minor own a house

Buy land for underage children

Attention archive

This answer is dated 08/20/2015 and may be out of date. Ask your current question now and get a legally binding answer from a lawyer.

Now ask a new question

Dear & lpar; r & rpar; Asker & lpar; in & rpar ;,

Thank you for your request, I would like it in the local format & lpar; www.frag-einen-anwalt.de & rpar; answer as follows:


Your question concerns the legal capacity of minors, the representation of minors & lpar; custody law; Property care & rpar ;, the donation and property law & lpar; real estate law & rpar ;.

First of all, it is clear that minors can also purchase real estate. It is necessary here that the children are properly represented according to §§ 1626f f, 1629 BGB.
Parents are responsible for exercising parental custody on their own responsibility and by mutual agreement for the best interests of the child. Parents have the duty and the right to care for the minor child & lpar; parental care & rpar ;. Parental custody includes caring for the child & lpar; personal care & rpar; and the child's wealth & lpar; Vermögenssorge & rpar ;. Parental responsibility includes representing the child. The parents regularly represent the child collectively.

This should enable the transfer of the & lpar; communal & rpar; Property from the seller to the children can be relatively unproblematic.

It gets trickier when you ask that your children & lpar; as owners of the property § 94 BGB & rpar; a sole right of use and a prior year & lpar; for whichever case & rpar; to obtain. On the one hand because you deprive the "donation" to your children of their economic value, on the other hand because a so-called self-dealing could exist do not undertake a legal transaction as a representative of a third party, unless the legal transaction consists exclusively of the fulfillment of a liability. The minor requires the consent of his legal representative §107 for a declaration of intent through which he does not only obtain a legal advantage BGB & rpar ;.

If necessary, the supervisory court would have to be involved in order to find a supervisor for the underage children & lpar; in this case & rpar; to order.

Without knowing any further background, and also in the context of an initial consultation, no contract formulation can be recommended here. If the worst comes to the worst, this would be suggested by the notary due to Section 313b BGB, who in turn would use so-called sample form books.


I hope that I have answered your question in an understandable way. I would be happy to point out that you can use the free inquiry function.


With best regards


Peter Lautenschläger
Lawyer

Inquiry from the questioner21.08.2015 | 08:34

Good day,

thank you for your very informative comments.
Since my notary thought I had to clarify this with a lawyer and then let them design the contract text for me, I then tried to achieve that.
Unfortunately, I have not received a single line of text from you as to what the assignment actually was.
I did not want any advice on this, just the text for the notary contract in order to be able to make the purchase contract legally secure.
Please do this later.
I also do not need the sole right of use, but a right of use for the entire property. The children should not be disadvantaged there.
A right of first refusal should be easy to design, that is always there, right?
Thank you, in the hope of receiving the text of the contract.

Answer to the question from the lawyer21.08.2015 | 09:12

Dear & lpar; r & rpar; Questioner & lpar; in & rpar ;,


In the context of an initial consultation here, you cannot receive a & lpar; sample & rpar; contract text from me, if only because I lack essential background information.

In my opinion, it is the case that not just any lawyer must or can draft a contract, but that a contract must be drawn up, whereby THE INTERESTS OF THE MINORS must be represented and safeguarded. All of this under the supervision of the responsible supervisory court.

I mean there are possibly several legal transactions. In my opinion, a "one-stop shop" would have to be based on standard sample contracts, e.g. Beck's real estate law book of forms or Cologne real estate law book of forms.

Your notary should actually be well equipped here, but may have already recognized that the interests of the children must be taken into account. It is still questionable whether the children are actually disadvantaged, which raises the question of the "why" of their intended construction.

Once again more fundamentally for illustration: The acquisition, but also the sale of a property basically raises & lpar; legal & rpar; questions that an incoming & lpar; & excl; & rpar; require legal review. In the case of new buildings, legal advice costs - including notary costs - can be found in the ancillary construction costs of DIN 276, for example.


With best regards


RA P. Lautenschläger