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Notariaat Wellens

Donation of real estate

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YOUR PREPARATION · GIFTING

Specific documents for your meeting. Indicate what is ready, where you need help, and what is not applicable.

Prepare what you already have. A missing document is no reason to postpone your first appointment. We will discuss what we can obtain for you.

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Which documents should I provide?

Title deed and valuation

Provide the report with date and name of the appraiser. If there is no valuation yet, do not order one without consultation: first discuss what valuation is needed.

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To review

Credit information

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

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To review

Lease contract if rented

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

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To review

Previous gifts

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

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To review

Marriage contract and family overview

Write down full names and contact details. Bring your identity card to the appointment. Report foreign documents or representation; the office will tell you which additional documents are needed.

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To review

What do we record?

We examine the documents and legal implications. You do not need to work out the arrangement yourself beforehand. We will agree on which missing documents we can request.

A check mark means you have prepared this item. It does not mean that the office has already checked the documents or that your file is complete.

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"A pause only has value when it truly creates space."
Paul Wellens

Your questions, step by step

Giving a home has consequences for you and your loved ones. We will discuss how you can protect your own housing security and income.

Why do I go to the notaire for this?

A gift of real estate is done by notarial deed. The notaire examines what you can transfer and how you, for example, retain your right to live there or your income.

How do I gift a house or land?
  1. Determine which property or share you want to gift and have the value assessed.

  2. Have ownership, loan, use and conditions examined.

  3. Discuss the costs and the draft; then the deed follows.

How does this proceed and how long does it take?

The planning depends on property searches, bank inquiries and your choices. A gift does not automatically cancel a loan.

Have any desired date assessed for feasibility in advance.

Which documents should I provide to the notaire?
What does the notaire do and investigate?
  • Which property rights can you gift and what burdens exist?
  • Which real estate searches and bank enquiries are necessary?
  • Are your usage rights and conditions clear?
  • What inheritance and tax consequences does the gift have?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What should I pay attention to before I sign?

Check the gifted share, reserved rights, maintenance costs and any return of the asset. Ask what a later sale requires.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

The office monitors registration and transfer. Adjust insurance and rental administration if necessary and keep agreements about income and costs.

Transfer documents, insurances and practical aftercare
Which practical tips can help me?

First calculate what you need yourself for living and care. Comparing only the tax is insufficient.

What do these words mean?
Bare ownership
ownership without the right of use and proceeds which lie with the usufructuary.
Reservation of usufruct
the donor retains the use or income within the deed.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

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General explanation for your preparation. The rules and documents that apply to you are determined based on your file.