Do you want to sell the house after the death of your husband? Then you must ensure that you have the house registered in your name at the notary after the death of your partner.
This ensures that the house is completely yours. This means that you can decide on your own whether you want to sell the house after the death of your spouse. Unless otherwise stated in the will of the deceased spouse. This is described in the certificate of inheritance.
Buy out co-heiress
In that situation, if you want to sell the house after the death of your spouse, you can buy out the co-inheritors. An appraisal must first be done to determine the value of the house.
When the value of the house has been determined, it can be looked into how the other heirs can be bought out. If you do not have the necessary resources, you can choose to take out a loan in order to buy out the co-heirs.
The moment the house is fully registered in your name and you want to sell it, it is important that you take action quickly. Eight months after the death you will receive the WOZ assessment.
You will not receive an exemption for this as a partner. Children do receive an exemption up to €20,000.
So if you want to avoid receiving the assessment, you must have arranged to sell the house after the death of your spouse within eight months.
Make sure that you start with the sale of the house, have engaged a good local notary to take care of the transfer.
Partners of heirs
If you have children with your partner and they are heirs with you, it is possible that they still have partners. Your daughter-in-law or son must also sign for the purchase agreement and the deed of transfer. This can lead to unpleasant situations when you want to sell the house after the death of your partner.
This can be solved by the exclusion clause. When this is included in the will of the deceased, daughters-in-law and sons cannot exert direct influence on any sale. The exclusion clause ensures that the house and any proceeds fall outside the community of property.
Selling a house after your partner’s death
Did you live with your partner but did you not register anywhere that you were together? Then the house goes to his heirs, unless otherwise stated in the will.
However, there is one exception to this rule and that is when the house is in one of your names and there is a cohabitation agreement and a residence agreement.
What about inheritance tax after selling a house after the death of a spouse?
After inheriting a house after the death of your spouse, you have to deal with inheritance tax. The inheritance tax for inheriting a house is determined by the WOZ value that the house had on 1 January the year before you inherited the house.
However, as a spouse you are exempt from inheritance tax up to €650,645 (reference date 2022). If the house is worth more, you may even have to pay 10 to 20% as inheritance tax, depending on the value of the house.
When you have completely inherited the house, you can also sell it. However, then the proceeds of the sale of the house after the death of the spouse are regarded as assets. This is subject to a different tax than the inheritance tax.
Disadvantages of inheriting a house after your spouse’s death
In some situations it is not convenient to sell the house after the death of a spouse. This is mainly when the house carries more debt than value. Then from the notary there is the option to inherit the house beneficially.
This means that you only inherit the house when you do not lose money on it.
Tips for inheriting a house
We notice that houses that have been inherited are often dated. It is therefore possible that the WOZ value is on the high side compared to more modern houses in the immediate vicinity.
It may therefore be a good idea to object to the WOZ value, since the heirs pay inheritance tax on the WOZ value. By objecting, the WOZ value can be lower, which can lead to a lower inheritance tax for the house.
Tips for selling a house
We have noticed from experience that houses that are inherited are often dated. This can make the house more difficult to sell. However, in our blog about how you can refurbish a dated house to make it ready for sale, we help you with this.
Do you see selling the house after the death of the spouse as the only option?
Has the house not yet been paid off in full and are you unable to bear the full costs yourself? Then selling the house after the death of the spouse seems to be your only option. However, there are social safety nets for this, depending on what type of mortgage has been taken out.
There are mortgages with a National Mortgage Guarantee . The NHG can help find solutions for any payment problems. This reduces the chance of forced sale.
Benefits NHG
The NHG reduces the financial risk for the lender and the recipient of the mortgage. Is your financial situation more difficult due to something that is covered by the NHG?
Then, in collaboration with you, they will look at how the mortgage can be made more affordable. The NHG can also ensure that residual debts can be forgiven if it turns out that the house is under water.
Disadvantages NHG
Unfortunately, help from the NHG is not free. The cost of this is approximately 0.6% of the mortgage amount with a maximum cost of €2130. When you have used the forgiveness of debts, this BKR is registered. This means that it will be more difficult to take out a new mortgage in the next five years.
There are also further conditions for the services of the NHG. They can be found here .
Need help?
Do you have further questions or do you need help with selling an estate?
I’m happy to help. Feel free to call or email me. Floris van Kuijeren, Register Broker-Appraiser
06-47470404 – floris@vkmakelaars.nl
Good luck and good luck with the further settlement.