Settling a gift with a brother?

Questioner

I receive a gift of two times € 27,231 from my grandfather and mother for buying my house. Now I also have a dear brother and we as a family would like to have it recorded that (for example when I sell my house again) half of the gift goes to him. Now my question is how we can best have this recorded. So I now receive € 54,462 for buying my house. Can I then, for example, make a debt acknowledgement to my brother for half? Or are there other options?

Lawyer

It is indeed possible to record an agreement in which you promise to give half of the gift to your brother. This can be done, for example, by means of an acknowledgement of debt, but in your case a notarial deed might be more appropriate. This provides additional security and has formal value, while a private deed (an acknowledgement of debt) is informal and can be contested. In the notarial deed, it can be recorded that you make an acknowledgement of debt to your brother for half of the gift. This means that you owe half of the amount to your brother. It is important to make agreements about when you pay the amount to your brother. For example, will this be in installments, or in one go when you sell your house again? It is important to think about possible exceptions or different scenarios. What if you do not sell your house, but for example take out a mortgage on it? It is also important to pay attention to possible fiscal consequences. Donations above a certain amount can lead to gift tax. Tax may also be due on the total gift to your brother. It is therefore advisable to involve a notary in drawing up such an arrangement. He can point out possible pitfalls and can ensure that the deed meets all the requirements of Dutch law. Please note: the above advice is only a guideline. It is always wise to seek legal advice before entering into such an agreement. Each case can be unique and legal advice can help to take into account all the individual aspects of a case.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer