Überlassungsverträge

An Überlassungsvertrag, often translated as a deed of gift or transfer agreement, is a legal contract in German civil law that facilitates the transfer of property or rights from one party to another, typically without monetary compensation. It is commonly used in the context of intergenerational wealth transfer, particularly within families. The most frequent application is the transfer of real estate, such as a house or land, from parents to their children.

Key features of an Überlassungsvertrag include its gratuitous nature, meaning the transfer is usually a gift rather than a sale. However, it can also stipulate certain obligations or conditions for the recipient, known as "Auflagen." These might include providing ongoing care, allowing the previous owner to continue living in the property (Nießbrauchrecht), or making payments to other heirs. The contract must be notarized to be legally valid, especially when it concerns real estate.

Überlassungsverträge can be complex and have significant implications for inheritance law, tax law, and the rights of all parties involved. They can be used to preemptively distribute assets, reduce future inheritance disputes, and ensure specific wishes regarding property are met. Seeking legal and tax advice is highly recommended before entering into such an agreement to understand all potential consequences.