mandatory shares
August 21, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
My husband has 2 children from his first marriage who are only entitled to their mandatory share.
I do not have any children.
We are both listed as owners of a condominium, purchased 4 years ago for 210,000 euros, in the land register. This property was acquired jointly by my husband and me.
Question: What is the mandatory share for the two children and what am I entitled to?
Dear questioner,
Thank you for your inquiry!
I would like to address your question considering the facts you have provided and your commitment in the following way:
Your question seems to refer to the scenario in which your husband passes away before you.
According to §§ 1371, 1931 of the German Civil Code (BGB), you would generally inherit half and the children would inherit the other half, with each child receiving ¼.
Under § 2303 BGB, the compulsory portion claim amounts to half of the statutory inheritance share and constitutes a monetary claim against the heirs.
So, if you were to be the sole heir, for example through your husband's will, the children would have a claim against you for payment of 1/8 of the estate value each.
The estate would consist of a 50% share in the house property amounting to 50.- €, which according to your information would be worth 110,000.- €. Therefore, 1/8 of this, i.e. 13,875.- €, would be the compulsory portion amount that you would have to pay to each child in case you were to be the sole heir.
I hope that I have provided you with an initial legal orientation and wish you good luck and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the facts you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful. Feel free to contact me through my email address or the follow-up option if you have any further questions.
I wish you a pleasant Friday evening and a wonderful weekend!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
