Is it possible to donate a house to a child if you have other children?

It is possible that, when the parents are still alive, they may decide to donate a house to one of their children, either because they are in a worse financial situation than their siblings or because they have spent the last few years caring for them, for example.

However, the living donation to a single child in Spain can give rise to quite a lot of controversy. This is the reason why in this article we want to resolve the main doubts that exist in this regard.

What is a donation to a child?

A donation is a legal act by which a person transfers part or all of his or her assets to another person without receiving any type of consideration. In this case, a house. In this way, the beneficiary of the donation can enjoy the property before the decease of the donor.

However, when the person receiving the donation is a child, certain legal aspects must be taken into account. Especially if he or she has siblings. According to the Civil Code, the rest of the children, as they are considered as forced heirs, cannot see their legitimate share diminished as a result of the donation.

Legitimacy and collation

When donating a house to a child, the donor must take into account the specific rules of the reserved portion of the estate and of collation. In this respect, it should be remembered that the reserved portion of the estate is the part of the inheritance reserved for the forced heirs and that collation implies that the donations made during life to one of the heirs must be taken into account when making the final distribution. The aim is to ensure that all heirs receive their fair share.

Therefore, although it is perfectly legal and possible to donate a house to a child, it is necessary to think about the future when carrying out this procedure. If the gift makes it impossible to respect the other siblings' legitimate share of the inheritance, it will not be valid.

Is it possible to leave a house to a child with other children without harming them?

In the case of choosing the figure of the donation so that the child can enjoy the house while the parents are still alive, it is necessary to calculate the exact value of the house and then add it to the share that corresponds to that descendant. Afterwards, it is advisable to value all the inheritable assets and carry out a simulation of the distribution to ensure that all the forced heirs will inherit the same amount.

Also, if the donation exceeds the child's legitimate share, the inheritance can be contested by the other siblings after the death of the parents. In this case, whoever received the inheritance will be obliged to compensate the others until the distribution is equitable.

What the person who receives the donation will not have to worry about at the time of receiving the inheritance is the payment of taxes, as these should have been paid when he/she received the property. In this sense, the tax charges derived from such a donation vary depending on the Autonomous Community in which the property is located.

How to donate money to a child

As with housing, you can donate money to a child if you have other children. In fact, it is a very common practice. The problem is that, unlike with real estate, such gifts do not always leave records, which can lead to disputes when the inheritance is distributed.

When making a gift of money to a child, especially if it is a significant sum, it is important that the other heirs are informed and that the gift is recorded, so that it can then be taken into account in the distribution of the inheritance. This ensures that there is no imbalance and that all children receive their fair share.

So, can a donation be made to only one child?

After all that has just been said, it is clear that it is. In fact, many people prefer to plan a gift during their lifetime rather than wait until the time of their death to distribute the inheritance, as they believe that this way they can provide a better present for their children and avoid future arguments.

However, whenever it is decided to donate a house or money to a child, it should be done openly and in dialogue with the rest of the siblings. It is also advisable to have legal advice to ensure a fair distribution among all the forced heirs. This is the only way to prevent possible challenges after the death of the donor.

By way of conclusion, we can say that a living donation to a single child in Spain is possible, but only when the right to the legitimate share of the other siblings is respected and when its value is adjusted at the time of the distribution of the inheritance. Without a doubt, one of our inheritance lawyers can help you to achieve this without difficulty.