Ask a lawyer on the topic of Social law

Repayment of money gift for house

April 13, 2011 | 25,00 EUR | answered by Jan Wilking

My parents are planning to support us in buying a single-family home (50,000-100,000 euros). What if they become in need of care within the next 10 years and have used up their remaining financial resources?

Can this gift then be reclaimed by the social services? (In that case, we would have to sell our house again...)

Jan Wilking

Dear inquirer,

I am happy to answer your inquiry taking into account the facts you have provided and your dedication as follows:

According to § 528 BGB, gifts can be reclaimed if the donor becomes impoverished. This right passes to the social welfare provider in case of need, who can then demand the return of the gift - even against the donor's will. You can avoid returning the gift if you can provide for your own maintenance.

Furthermore, the right to reclaim the gift is excluded according to § 529 BGB if:

- the donor deliberately or negligently caused their own impoverishment
- ten years have passed between the gift and the onset of need
- the recipient is unable, considering their other obligations, to return the gift without jeopardizing their reasonable maintenance or fulfillment of maintenance obligations (paragraph 2, so-called emergency need)

In your case, § 529 paragraph 2 BGB may be relevant. If the requirements are met, you are generally not obliged to return a family home (see Federal Court of Justice, judgment of 11. 7. 2000 - X ZR 126/98 and judgment of 5. 11. 2002 - X ZR 140/01). However, you may need to obtain funds for maintenance by taking out a real estate loan, thus burdening the property accordingly.

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 I cannot give you a definitive advice without knowing all circumstances in the context of an initial consultation. 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