Property Transfer Legalities Greece

Summary

Transferring property in Greece as a parental gift can be complex due to guarantor status. Changing the guarantor to your daughter may be possible, but it depends on the mortgage terms and lender approval. Consulting another lawyer for a second opinion is advisable. Inheritance laws in Greece can affect property transfer, and your daughter may face inheritance taxes if you pass away without a will. Drafting a will can clarify ownership and tax implications. Inheritance tax rates depend on the relationship and property value. Consulting a lawyer for precise calculations and tailored guidance is recommended.

Full Conversation

I live in Greece and I own an apartment. ****y son bought the upstairs apartment, with a mortgage and i became guarantor. I want to give my daughter my apartment by way of parental gift, but the lawyer who handles my sons interests and mine told me this is not possible until my son repays the mortgage. The mortgage has * to 20 years left . ****y idea was get another lawyer to handle my affairs and ask if my daughter who works and has a steady income if she could take on the role of guarantor so i could write my apartment to her.
It's great that you're considering your options. Here are a few points regarding property transfer in Greece:
- Transferring property as a parental gift is common, but legal restrictions might apply due to your guarantor status.
- Changing the guarantor to your daughter could be possible, but it depends on the mortgage terms and the lender's agreement.
- Consulting another lawyer for a second opinion is advisable.
Have you already found a lawyer to discuss these possibilities further?
Yes i have and he deals with similar cases
It sounds like you're on the right track by consulting another lawyer. Here are a few additional considerations you might discuss with your new lawyer:
- ****ortgage Agreement Review: Understanding the specific terms of your son's mortgage is crucial, particularly regarding guarantor changes.
- Lender's Approval: Confirm whether the lender permits a change of guarantor.
- Legal Implications: Explore any legal implications or restrictions on property transfer while you're a guarantor.
- Financial Assessment: Consider the financial impact on your daughter if she becomes the guarantor.
Have you already discussed these points with your new lawyer?
No not yet, im gathering all the info and papers
Case Rating: *
It seems like you're gathering necessary information to proceed with your property transfer. Since your new lawyer deals with similar cases, they will be able to guide you on the next steps. Remember to discuss the mortgage agreement terms and the lender's approval for changing the guarantor. If you have any further questions, feel free to ask!
When you mention the financial impact on my daughter what exactly would that mean. ****y sin pays the mortgage payments every month
Case Rating: *
The financial impact on your daughter, if she becomes the guarantor, could include:
- Responsibility for mortgage payments if your son defaults.
- Potential effect on her credit score.
- Limited ability to obtain personal loans or mortgages due to the guarantor obligation.
Do you need more details about her responsibilities as a guarantor?
I see. Yes please do.
Case Rating: *
As a guarantor, your daughter would be legally responsible for the mortgage payments if your son defaults. This obligation could affect her credit score, and lenders might view her as having more debt, which could limit her ability to secure personal loans or mortgages. Would you like more information on how guarantor obligations work?
Yes
Case Rating: *
Being a guarantor means your daughter would legally commit to cover the mortgage payments if your son cannot. This responsibility might affect her credit score and financial opportunities due to perceived increased debt. If you need further clarification, I suggest discussing the specifics with your lawyer.
If i died before my son finished paying off his mortgage and I hadn't left my apartment to my daughter eould she be liable to pay taxes to get the apartment and could my son decide he wanted his share of the apartment
Case Rating: *
In Greece, if you pass away without leaving your apartment to your daughter, the property could become part of your estate and subject to inheritance laws. Here's what might happen:
- Inheritance Taxes: Your daughter may be liable for inheritance taxes based on the property's value.
- Shared Interest: If no will specifies ownership, your son could potentially claim a share.
Have you considered creating a will or discussing estate planning with your lawyer to clarify ownership and tax implications?
The joint lawyer i mentioned before said all this is not possible but i have my doubts
Case Rating: *
It sounds like a complex situation involving property transfer and inheritance laws. Here are a few points to consider:
- Consulting another lawyer for a second opinion is advisable.
- Clarifying your will and estate planning will help ensure your wishes are respected.
Have you thought about drafting a will to clarify the ownership of your apartment and address potential tax implications?
Could you explain and clarify the drafting of a will for ownership and potential tax implications
Case Rating: *
Drafting a will in Greece involves several steps and considerations:
- Property Ownership: Clearly specify who will inherit your apartment to avoid disputes.
- Inheritance Taxes: Your heir may face taxes based on property value and relationship.
- Legal Advice: Consult a lawyer for tailored guidance on drafting the will according to Greek laws.
Would you like more detailed information on these aspects?
Yes
Case Rating: *
Drafting a will in Greece requires:
- Property Ownership: Clearly state who inherits your apartment to prevent disputes.
- Inheritance Taxes: Taxes depend on the property's value and the relationship with the heir.
- Legal Advice: Tailor the will to Greek laws with a lawyer's help.
Would you like more details on inheritance laws or tax implications?
Yes
Case Rating: *
In Greece, inheritance laws and tax implications can be complex. Here’s a brief overview:
- Inheritance Taxes: Taxes vary based on the property's value and the heir's relationship.
- Property Ownership: Clearly stating ownership in a will can prevent disputes.
- Legal Advice: A lawyer can provide detailed guidance tailored to your situation.
If you need more specifics, I recommend discussing these aspects with your lawyer to ensure your wishes are respected.
Do you know how much a daughter would owe on inheritance tax would be due in an apartment worth €*.*
Case Rating: *
In Greece, inheritance tax rates depend on the relationship between the deceased and the heir, as well as the value of the property. For a daughter inheriting an apartment worth €*,*, the tax rate is generally lower compared to non-relatives. It's advisable to consult a lawyer for precise calculations based on current tax laws. Have you considered discussing this with your lawyer to get an accurate assessment?
Yes i will. Your help has been invaluable. Thank you
Case Rating: *
I'm glad I could assist you, and it's great to hear that you're proceeding with consulting your lawyer for detailed advice. If you have any more questions or need further clarification in the future, feel free to reach out. Take care!