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Divorce petition one day after gift-debt assignment. Exclusion from marital property.

October 23, 2019 | 30,00 EUR | answered by

Hello,
In May 2019, my husband transferred his share of our joint apartment and the associated debts to me. The bank has only now approved his transfer of debt, and the debts will only be transferred to me at the end of October 2019. Could there be any tax/ gift tax/ legal/ any other kind of problem if the divorce petition is filed at the beginning of November (a few days after the debt transfer)?

If I understand correctly, it is possible to exclude the gain equalization. I am not sure yet if we will include the gain equalization in the divorce. Probably not, because we have already agreed outside of the divorce.

Is it still necessary or advisable to exclude the real estate from the gain equalization before the divorce with a contract? (to be excluded: my property, the relevant liability - debts, his property, and the increase in value of the two properties). How are the costs for such a contract calculated?

Thank you in advance for your advice.