The co-header between a father and son of a mortgage for the purchase of the house owned exclusively by the child configures an indirect donation?

5 Mar

My wife and I are deciding to buy a house: the property will be owned by both but the mortgage instead, we would like to cointestarlo me and my parents. The question I ask you is: my father has debts with Equitalia and the Inland Revenue, assuming that they accept him as co-owner, it may be that he pays the loan without being the owner of the property and is seen as an indirect donation so distraught?

When the third party intervenes in the mortgage contract, it is almost impossible to exclude the presence of an indirect donation, unless the real will of the parties is demonstrated even with the presence of other underlying documents or documents that justify the relationship between the third party and the beneficiary.

Therefore, where the third party is the beneficiary’s parent, we are certainly in the presence of an indirect donation.

In light of the above and the legal presumption – according to which a child can not not know the debt situation of his parent and, therefore, is fully aware of the damage that with the payment of the loan is caused to the creditor (bad faith) – it follows that the position of the beneficiary of the indirect donation could be similar to that of the debtor.

My wife and I are planning to buy a house: the property will be in the name of both, but the mortgage will be linked to us 2 plus my mother. We would also like to include in my mortgage my father who has debts with Equitalia and the Revenue Agency. Suppose it is absurd that the bank accepts it as a joint holder of the loan, can the property be subject to foreclosure? Could there also be other types of repercussions due to the debts my father has? If there were any risks, would it be better to include it as a co-holder or guarantor?

Do we repeat the same questions? The answer provided does not like or was not read? Of course, if the answer is free, we can repeat it when we want: is not it?

If it is written that the position of the beneficiary of the indirect donation could be assimilated to that of the debtor , there is written everything for what concerns the hypothesis of a possible foreclosure.

Insights and additions from the blog

The lack of a direct relationship between the donor and the donor does not assume any preclusive importance for the existence of an indirect donation. Indirect donation is characterized by the aim pursued and not by the negotiating instrument adopted for this purpose, which therefore can consist of any contract or several linked contracts. For example, the jurisprudence found an indirect donation in the connection between the preliminary and definitive sales contract in which the first stipulated by a parent, who had to pay the price, and the second from the child, who proceeded to purchase in his own name; he also considered the indirect donation to exist in the co-certification of a bearer booklet, in which the substances originally belonging to …

Indirect or direct donation? The difference is not a detail
In order to integrate the case of indirect donation, it is necessary that the payment of the sum of money be made as a means for the sole and specific purpose of acquiring a good: that is, it must incontrovertibly exist a link between the donation of money and the purchase of the good. In particular, in the case of a person who has provided the money for the purchase of a property to one of the children, one must distinguish the hypothesis of direct donation of money, subsequently used by the child in a real estate purchase, in which, of course, the donation remains the same money, from the one in which the donor provides the money as …

Nothing indirect donation with a deed of sale for free
This is a real donation and not an indirect donation, when the parties, to achieve the intention of donation, instead of using the negotiating scheme provided for by the law, or the donation contract, adopt a contract of sale without payment of the price. In fact, in the indirect donation implemented through a sale (I sell to 100 what is worth 200) while intending to benefit the buyer, the contract stipulated not only has the apparent structure of the sale, shop for consideration, but remains substantially also, with actual exchange of benefits (property against money) even if not proportionate. On the contrary, in the dissimulating transaction …

Indirect donation to one of the spouses – the donated good is excluded from the legal communion
According to established jurisprudence, the heading in the name of the child of a property purchased by the parents configures an indirect donation of the property, both in the case of purchase by the child with the money specifically provided by the parents, and in the case of contextual payment from part of the parents, both in the case of the conclusion of the contract by the parents in favor of the child. For the indirect donation, therefore, the form provided for by the law for donation is not required, since the purpose of donation is sufficient and its realization by the donor by the payment of the purchase price made by the donor, …

Direct donation and indirect donation »Differences and possible legal consequences
There is a significant difference between the typical donation contract (direct donation), which must necessarily be concluded with the form of a public deed (unless the resulting asset allocation is of modest value) and donations other than donation ( also called indirect donations or atypical non-donative donations). Without losing ourselves in doctrinal and legal disquisitions, we will proceed with some examples, basing ourselves exclusively on the most recent jurisprudential findings. Indirect donation is the co-signing, with separate signature and availability, of a sum of money deposited with a credit institution, if said sum, at the time of co-certification, appears to have belonged …

Discussion points from the forum

How to make donation of non-modest value money from parents to child
Two parents (in communion of goods) want to make a donation of money to one of the two children (who is in precarious economic conditions); this donation has as its purpose that of the early extinction of a burdensome first-home mortgage jointly between the child receiving the donation and its relative spouse (married under a regime of communion of goods). The other child is single “for life” (without children) and is in perfect and deep emotional bond with the other child (twin). Is it possible to make the donation simply by bank transfer (complete with a specific reason that specifies the purpose of the donation)?

Can the current account holder withdraw the entire balance available?
There are problems for the joint account if I had a joint account with my son and he would withdraw the entire availability deriving from a bank transfer in my name. Would it be a kind of indirect donation? Creditors could bother my son?

Donation and debts – What are the risks?
My father wants to make a donation of the house with the right of usufruct because he has 13 thousand euros of debts with the collection agency. My husband and I will be completing the first house next year. Can this donation affect any incentives / mortgage? As for the fees should I pay Imu, Tarsu etc? Would the taxes be payable to me?

Consolidation Loan – But I have outstanding debts
My parents have a house of their own and through agreements made with my sister I am going to redeem his future quota to take possession of the property by donation. Not being able to access a mortgage because I already had small debts, I stipulated a loan and a salary of one fifth of salary to obtain the necessary sums. In total, between transfer, loan and some revolving card my debt amounts to approximately 60 thousand euros. These expenses weigh more than half of my salary. I asked if in my situation it is possible to access a debt consolidation loan and what guarantee …

I signed a guarantee of a bank loan in favor of my son who is now in trouble – I risk the foreclosure of my house?
As the title we are to be signatories to guarantee the loan of our son who can no longer pay the installments received the act of precept and my wife and I are anxious about our home: there is a way to disengage from contract or what are the possibilities? When the mortgage expires, we are 85 years old.