Transfer of property against maintenance and care obligations!

 

I am already at an age when I have to think about my old age. I did not create my own family, I did everything myself. But it will not always be the case. My relatives have been abroad for years, they have no opportunity to look after me. A nice family lives in the neighboring rental apartment, which takes care of me as my own. I advised my friends what to do to ensure my peaceful old age. And they recommended me to sign a contract for the transfer of property against a maintenance and care obligation with Radevi (the neighbors). Here's what I learned about the subject

What is this contract for the transfer of property against a maintenance and watch obligation?

The maintenance and care contract is not regulated by law but is widely applicable in practice. With this contract, a person undertakes to take care of me and / or to support me, and in turn I undertake to transfer his real estate to him.

 

The maintenance obligation includes a separation of funds to maintain my life status. Maintenance can be provided not only in cash but also in kind - by purchasing food, paying utility bills such as electricity, water, hot water and more.

The duty to watch, in turn, involves the provision of care, for example, taking me for a walk, shopping, cleaning, etc.

Important! Maintenance and viewing can be arranged as contract obligations individually or together.

How long can maintenance and viewing last?

We can conclude the Radev contract:

for a fixed period;

till the end of my life;

for my care and maintenance already provided (if there is a litigation, however, they will have to prove themselves with paid invoices for household bills or repairs, for example).

Since it is a transfer of immovable property, the contract must be in the form of a notarial deed.

What is important to know when signing such a contract?

It is necessary to clearly define the amount of the maintenance and / or maintenance obligation, such as when I can claim maintenance, the separation of what means it will cover, I will live with Radev, or they will visit me often and so on.

I rely on the Radevi family to take care of me. Whom do I need to conclude the contract with Ivan, Mary or both at the same time?

I can make the contract either with Ivan only, with Maria, or with both at the same time. By law, as spouses, no matter whom I have concluded, they are jointly and severally liable to me. If one of them dies, the obligations under the contract are retained for the other, and at death both will pass on to their heirs unless we have explicitly agreed not to do so.

Rights and obligations under the contract

"Watchmen" have the following duties to my mercy - the "old man":

 

to provide the necessary care for my condition: for example, if I have to go to a doctor - to accompany me;

for subsistence, providing a standard of living similar to theirs. So if I have spent a summer holiday in Marbella and they can provide me on our Black Sea coast, there will be no contract failure on their part.

for respect and attention - for example, they can not eat me and call me "Eat faster, be old," or "Let's die sooner."

I (the "good old man") are obliged to:

 

transfers the ownership of his real estate to Radevi, and it is good to reserve the right to use, namely to live in the dwelling;

to maintain good relationships with them - I can not refuse my cares, not go to a doctor accompanied by them, or do not drink drugs of stubbornness.

Where should I live?

I can live in:

 

my own dwelling, as long as it does not prevent me from receiving the maintenance and arrangement, for example, I can not live in Vratsa, and the "watching" me to live in the United States.

the home of the viewer.

Non-performance under the contract

Ivan and Maria are wonderful, but everything is happening. What happens if we stop fulfilling our obligations under the contract?

 

There is the possibility of making the maintenance and / or pecuniary obligation subject to court. This can be done:

 

at my request - in the case of guilty failure by Radevi;

Important! If only one of them does not fulfill his duties, I can not ask for the contract to be terminated

 

at the request of Radevi - in an objective impossibility of execution as a severe illness that prevents them from taking care of me;

when our purely moral relations deteriorate;

by mutual agreement.

For the same reasons, the contract may be terminated by court.

 

Important! Spoiling has a retroactive effect! Its consequences are as follows:

 

Radevi owes my return to my real estate if I have given them possession, that is, "to take their belongings and to walk";

I owe a refund of the cash equivalent of my care and / or maintenance.

Important! The contract is void, that is, it does not have any legal consequences, as if it had never been concluded if:

 

conceals a donation: for example, a family with two sons is in a bad relationship with one. And to stay the dwelling