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About MaineCoon

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  • Location Stuttgart
  • Nationality British
  1. Deregistering when leaving Germany temporarily

    The Doppelhaushalt allowance is reserved for a situation where one of the people works too far away from home to commute daily. This does not apply to me as I have 100% moved my residence outside DE. And I cannot register my house as a Zweitwohnsitz either, because my "1st residence" is outside DE. Both of these situations are really about giving Germany-registered people a tax break so their extra costs don't end up penalising them.   It is totally possible to be registered in two countries. I am not deregistered in DE, although I am also registered in NL - but note that I am not working in either country. @john g. is also in this situation: he lives in Greece and Germany, and AFAIK works in both. How he swings that, I have no idea.   If you are going to be travelling between Netherlands and Germany, then it looks like you can/will qualify to be a Doppelhaushalt. Also, I do not think you have to give up your Niederlassungserlaubnis - see Working in the Netherlands as a cross-border worker on the IND website.  Note that nobody is going to track whether you actually return home every 7 days; the principle is that your home remains in DE.   Assuming you do qualify to be a Doppelhaushalt, I think you will also be able to stay on your partner's health insurance if you want to, but @john g. is the expert on this, not me.
  2. Thanks. Fingers xed...
  3. @LeonG Thank you very much, I shall make some coffee and try to sniff out the various references in that article.   So if you currently don't have a contract with your garden buddy... I shall indeed do exactly that.  And yes, Malte does want to. I bought the Garden with my ex's unwilling consent. Now I am buying him out (with the help of a friend's $$s), and received this email from my ex's lawyer today, which is what gave rise to my question. ––– soweit meinem Mandanten bekannt ist, wurde ein Teil der Gartengrundstücks zur unentgeltlichen Nutzung Herrn Malte überlassen. ist dies nach wie vor der Fall? Auf jeden Fall muss dieser Punkt geklärt werden, da der Erwerber der Grundstückshälfte meines Mandanten in den möglicherweise bestehenden Nutzungvertrag eintreten würde. ––--      
  4. "Time went past, I didn't get around to the contract,..." You may be horrified, but I have frequently done this in my life, and never come unstuck. Perhaps I've been lucky, perhaps I've chosen the people well, I don't know.  But as far as I am concerned, once you shake hands on a deal, it is the same as if it were legally drafted.
  5. In 2012, I bought a Schrebergarten. Later that year, a good friend introduced us to someone who was looking for a garden (let's call him Malte).  We agreed what would be "his" area; that I would draw up a lease contract, and he would become our Pächter for Euro 1 per year. Time went past, I didn't get around to the contract, the Euro 1 was paid each year until ~2015 when it lapsed. Malte is a lovely person, and I am very happy for him to continue being there. However, I don't have a crystal ball to hand, and the future doesn't always pan out as one hopes.   I pay for the SVB insurance and the electricity supply and use. Malte makes no financial contributions. Neither does he do any work in/on the Garden which is not directly related to "his" bit. IOW, he does not "pay" me in any way.   Will a right of use / easement  /  prescriptive property right come into being over time? If so, how long would his use have to continue in order to attain those rights? (In the UK, it would be 20 years.)   If no-one knows the answer to this, could they point me at the relevant legislation, please?
  6. Gardening

    Here you go. I planted it in 2012, so that's 9 yrs. It's not as big as it looks, say 2.75m, look at the rosemary bush gone nuts behind it to get an idea of scale.  It's opposite the kitchen window, so your eyeballs get a real treat when it blooms early in the year. It's also very pretty with just leaves. (I utterly failed to upload the pic here, no matter how small I squished it, it wouldn't work)
  7. Schrebergarten purchase using a Genehmigungserklärung

    Thanks   Fortunately, he lives right at the other end of the country, so I doubt it will be a problem.  It isn't just me though, the church runs a youth club who use it, and the kids would miss it sorely, they've made the hut into their clubhouse, sleep over at weekends and so on. Also my Pächter (who pays the princely sum of 1 € a year to make the contract) has created a fabulous wildlife sanctuary, stiff with birds, foxes, etc.  
  8. This is incredibly unwelcome news, but very good to know, so I'm really glad you pointed me here. Update: just read your post on the other thread which answered my question on reverting a business space back to a private one.
  9. Taxes if house is credit free

    Ah, so then length-of-ownership when > 10 years trumps "own residential use".  That's the bit that I was tripping up on.    So if Joe had bought Gina out in  2019, ie. length-of-ownership was 9 years, the situation would be reversed, yes?  @PandaMunich Thanks for the link, I hadn't seen that post.
  10. Taxes if house is credit free

    I think the 10-year rule only applies if the property was either let, or used in a commercial sense, although even then the owner can nullify that by living in it according to the 1-day/1-year/1-day rule.  If you only ever live in your house, there is no minimum holding period necessary to avoid taxes.  At least, that's my understanding.   But here we have a situation where Gina did *not* live in the house for 5 years, hence my puzzling about "use for own residential purpose".  
  11. Schrebergarten purchase using a Genehmigungserklärung

     You are 100% correct; that was me being tired, mea culpa.  Correction here, as I can't edit it now: 4. The represented party's notar prepares a form of Certification of Signature, which is signed at the same time as the Declaration of Approval by the represented party in his notar's presence.
  12. Taxes if house is credit free

    I'd appreciate some help as to whether Privates Veräußerungsgeschäft would be payable in an unusual situation.   Joe and Gina, both German residents, bought a German house 50/50 in 2009. Gina moved out in late 2015, but Joe stayed put, and bought Gina's share in 2020. Gina re-registered at her flat in early 2016.  She did not keep a room in the house, nor any of her possessions; the house was not available to her to use for any purpose.   In order to avoid taxes, would the rule that Gina must have lived in the house for 1 day in 2018, the whole of 2019, and 1 day in 2020 apply here?  I'm not clear about how "own residential purposes" in this particular context is defined; it could be broad, or very narrow. I've trekked through "5.3 Nutzung zu eigenen Wohnzwecken", and read every relevant thread on TT, but alas am none the wiser.  I'm feeling guilty because @PandaMunich has explained this multiple times, but none of them cover this situation :(
  13. Schrebergarten purchase using a Genehmigungserklärung

    There wasn't exactly a flood of answers (ie none), but I found quite a good explanation which I'm posting here for future generations. Caveat: it's in German.   Sometimes, one party to a contract (eg. the seller) may not be able to be present to sign the sale contract, eg. because s/he lives far away.  There are three ways around this: 1.  Pre-signing representation: the seller gives a Power of Attorney to a representative. This is a widely-known form. 2. Post-signing representation: a representative without power of attorney appears in the contract, which only becomes effective when the buyer (or seller) approves the representative's act. 3. Neither the seller nor the buyer are present at the conclusion of the contract, but both are represented, with or without power of attorney. This is a variation of No.2.   In this case, we are only looking at No.2, Representative without Power of Attorney / Vollmachtlose Vertretung.   Outline of the process: 1. A person (eg. the Notar's secretary, a friend) appears on behalf of the buyer (or seller) who declares that s/he is making declarations in the name of another person, but that s/he cannot vouch for the granting of the power of attorney; 2. The contract is then notarised by both the representative without power of attorney and the other party to the contract; 3. The notar then sends the contract together with a draft Declaration of Approval (Genehmigungserklärung) to the represented party; 4. The represented party issues approval in the form of a Certification of Signature. 5. The Declaration of Approval and the Certification note is sent to the notar who executed the contract. 6. Now the actual execution of the contract can take place.   Neat trick!  Lends itself very nicely to delaying tactics on the part of the represented party, should they wish to do so.    
  14. Schrebergarten purchase using a Genehmigungserklärung

    @Editor Bob Just realised I messed up: the topic hdr should really be "Schrebergarten purchase using a Genehmigungserklärung". Would you mind changing it please, if you agree?
  15. Schrebergarten purchase using a Genehmigungserklärung

    PS: The Buyer lives a very long way from the Seller, hence the messing around with Genehmigungserklärung.