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Calculation of notary fees

January 8, 2012 | 25,00 EUR | answered by Jan Wilking

Draft of an agreement on the separation of property after several years of marriage with equalization of accrued gains

Notary fees calculated according to §§ 141, 154 KostO
Business value: 250,000 euros (§ 18 KstO)
Draft without notarization,
Notarization of contracts §§ 32,141, 145 III, 36 II KostO
10/10 VALUE: 432 euros.

Is this invoice justified in this amount?

Jan Wilking

Dear inquirer,

I am happy to answer your inquiry taking into account your description of the situation and your contribution as follows:

In the case of an agreement on separation of property, a notarization fee of 864 EUR is due for a business value of 250,000 EUR (cf. § 36 KostO in conjunction with the annex to § 32 KostO - double fee). This fee also applies to the drafting of a document according to § 145 (1) KostO. Since in your case no notarization seems to have taken place, this fee is halved to 432 EUR according to § 145 (3) KostO.

The business value is determined by the combined value of the current assets of both spouses, cf. § 39 (3) KostO. When determining the assets, debts are subtracted. Assuming that a correct business value was used (which cannot be judged without knowledge of the financial circumstances), the calculation of the notary costs is correct.

I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.

Please note that in the context of an initial consultation without knowledge of all circumstances, I cannot give you a final recommendation. If you wish for a final assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.

Best regards