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  #21  
Old 30.03.2021, 17:47
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Re: Complicated scenario

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Any money put into the house which was gained during the marriage is to be shared.

So let's say they are married 5 years. Hubby saved up money during those 5 years, working, and puts that in the house. 200K
Wife saved up 30k the same way, puts it in the house. Plus "Erbvorbezug" 200K.

The only "safe" money to get back in full for her is the 200K Erbvorbezug.
The rest is 50/50.

But it is seriously not as complicated as some seem to think.
Umm, that's what I said.

Tom
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  #22  
Old 30.03.2021, 17:48
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Re: Complicated scenario

does it mean when the money transferred to Switzerland, my friend just simply goes to the tax dept to declare it as a *Erbvorbezug*?

one stupid question, i thought inheritance is a financial term describing the assets passed down to individuals after someone dies, even her father still alive, she can still use this reason?

What if her father pass away years later, she get the real inheritance, then she can declare again it is inheritance?

I thought inheritance is one time only
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  #23  
Old 30.03.2021, 17:52
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Re: Complicated scenario

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does it mean when the money transferred to Switzerland, my friend just simply goes to the tax dept to declare it as a *Erbvorbezug*?

one stupid question, i thought inheritance is a financial term describing the assets passed down to individuals after someone dies, even her father still alive, she can still use this reason?

What if her father pass away years later, she get the real inheritance, then she can declare again it is inheritance?

I thought inheritance is one time only
Inheritance is NOT one time only, only the final decision is one time only.

Pre-inheritance can be received in parts, and even different amounts at different times to different heirs, the executor makes it all tally at the end.

Best is to talk to a lawyer.

Tom
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  #24  
Old 30.03.2021, 18:21
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Re: Complicated scenario

I gave a bit to my son and daughter-in-law to help buy their apartment, and my daughters had to agree because apparently it was inheritance law related.
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Old 30.03.2021, 19:22
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Re: Complicated scenario

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Easy:

They each get back whatever each put in as a down payment, then split the rest.

Tom
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Umm, that's what I said.

Tom
Not quiet. As it matters how and specially when that down-payment was generated.

But never mind, OP needs to understand the concept of advancement of inheritance first and at the moment it looks like that by then, they will already be divorced.

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I gave a bit to my son and daughter-in-law to help buy their apartment, and my daughters had to agree because apparently it was inheritance law related.
That's because when you die, the son and daughter you gave some money to will receive respectively less. Of course you could have just given it to them but then it would have been a "Schenkung" (present) and son and daughter would have had to pay taxes on it. And believe me, nobody is keen on paying "Schenkungssteuer".
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  #26  
Old 30.03.2021, 20:11
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Re: Complicated scenario

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I'm not sure what the rules are here but if it's a "what#s mine is yours" system like in many other countries (UK for example) then the money becomes both of your when given to one of you.

https://www.ch.ch/en/matrimonial-regime/

this is the default, so some mix of it - what's mine is mine, and what's ours is ours:

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Contribution to jointly acquired property
This regime applies to married couples who have not expressly arranged another type of regime.

During the marriage the property of the spouses remains separate.
They each retain ownership of their own estate, i.e. the property which they contribute on marriage or which they personally inherit or receive as a gift during marriage, and manage their own estates separately.
The savings made during the marriage (‘acquêts’, e.g. salaries, interest, contribution into a 3rd pillar) can be used and managed independently by each spouse.
On dissolution of the matrimonial property regime (divorce, death or new marital property regime), the jointly acquired property is divided equally between the two spouses.
The spouses are in principle only liable to pay their own debts with their own estate, unless the other spouse agreed to share the financial burden or the debt arises from every-day expenditure.
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  #27  
Old 31.03.2021, 09:19
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Re: Complicated scenario

my friend thanks everyone for the input, after reading all the threads last night, she decided to declare the money as Erbvorbezug as suggested.
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