Ask a lawyer on the topic of Family law

Loss of gains

February 6, 2011 | 25,00 EUR | answered by Steffan Schwerin

I bought a property with a dilapidated building in East Berlin in the 1970s and expanded and renovated the building with a building permit. Due to the residency regulations in East Berlin, I could not make the purchase in my name, so my later wife, who was a Berliner, had the property registered in her maiden name. The building application and building permit were then in my name after our marriage, but we did not change the land register entry.

When I divorced in 1999/2000, my wife transferred the property to our daughter without my knowledge beforehand. The transfer date is 29.05.2002, and the entry in the land register for my daughter was made on 06.03.2003.

I still live alone in this house today, but besides my right to stay, I have no legal basis, lease agreement, or similar. During the marriage, we both worked and raised the children together.

I naturally have no evidence today, except for various witnesses, of my contribution to the purchase and expansion of the house. Question: Can I still file a lawsuit against this transfer/gift today, so that my rights from the years of common gain are preserved?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into account the circumstances described and your input as follows:

If the woman is the owner, you cannot make any claims in this regard.

However, you can claim all investments from the woman.

Regarding the gift from the woman to her daughter, there is nothing that can be done now.

On the one hand, it would be difficult to find a legal basis for a claim. On the other hand, all potential claims may be time-barred.

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Best regards,

Steffan Schwerin
Lawyer

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