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Remaining of a donated house in the family

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You would like to transfer a house to your children prematurely, either as a gift or as an advance withdrawal. You would like to ensure that the house remains in the family or that a profit from the resale will accrue to you or all heirs or descendants. This goal can be achieved in three ways: through a repurchase right (purchase right), through a profit-sharing right and/or through a pre-emption right.

Right of repurchase

The right of repurchase gives you the right to buy back the house or apartment for a maximum of 25 years at a price fixed in advance. It must be registered in the land register.

Profit sharing right

With the profit-sharing agreement the parties determine how the presentee must share the profit with e.g. his siblings or parents when selling the house. Such an agreement should also regulate how to deal with the taxes incurred in the sale and with the investments made since then. With an index clause the inflation can be considered besides.

Right of first refusal

You can grant another family member a right of first refusal at the time you give your house away. For example, siblings of the donated son or daughter can be given the right of first refusal in case of a resale of the property before it is sold to another prospective buyer. Beneficiaries must decide within three months whether they wish to purchase the house themselves. There is also the possibility to set a price for such a sale in advance. The right of first refusal can be recorded in the land register for a maximum of 25 years.

A combination of the right of first refusal with the profit sharing makes it possible for the siblings to choose whether they want to buy the house or participate in the sales profit.

In the individual case it is to be clarified whether it concerns the equal treatment or the receipt of the house in the family. Similar questions also arise in the case of inheritance distributions. Experience shows that satisfactory solutions can be found very quickly with the instruments presented.

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Martin BoosAttorney at Law, Partner

martin.boos@amatin.ch
+41 61 202 91 91

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Roman Kälin-BurgyAttorney at Law, Partner

roman.kaelin-burgy@amatin.ch
+41 61 202 91 91

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