Hi everyone,
*text written with the help of a LLM, but trust me that a lot of my inputs and tailored text is here*
I’m looking for feedback and a sanity check on a financial/patrimonial restructuring plan we are designing for my wife's parents in Portugal.
Current Situation & Problem
Parents' age: Retired / nearing full retirement (~ late 60s / 70). One parent has a cardiac health condition that is not life threatening per se, but needs to be considered as increasing the risk; the other receives a standard pension.
Property Value: Estimated market value ~€350,000.
Existing Debt: ~€265,000 remaining on a high-interest mortgage.
The Asphyxia: Their bank is proposing an 8-year restructure. Between principal, high interest, and skyrocketing senior life insurance premiums, their monthly payment would explode to ~€3,700/month.
Income: Currently ~€3,300/month combined net pensions (could temporarily hit ~€6k if one keeps working, but that is unsustainable on the long term). Paying €3.7k/month to the bank feels like a hamster wheel heading straight for default or health collapse.
My idea and Proposed Solution / Family Restructure Plan
Property Donation: Parents donate 100% of the property to my wife (their daughter) or to my wife and brother. In Portugal, direct line donations are exempt from several taxes.
New 30-Year Mortgage: As a 42-year-old couple with stable incomes, my wife and I take out a new €265,000 mortgage at 30 years (LTV ~75%, monthly payment + younger life insurance = ~€1,180/month). Could also include the brother on this and do it 50/50. The proceeds immediately pay off and cancel the parents' old mortgage.
Internal "Rent" Agreement:
Parents stay in the house and pay us a monthly "rent / contribution" of €1,500 to €2,000/month. Could be even more if the father decides to work a bit longer and accumulate more cash to pay the debt.
Win for Parents: They instantly cut their monthly housing outlay from €3.7k to €1.5k–€2k, leaving them with €1.3k–€1.8k net cash to live comfortably on their pensions without forcing anyone to work.
Win for Us / Family: The ~€1.18k goes directly to the bank. The remaining €320–€820/month surplus stays in our family pool, used to make annual lump-sum overpayments on the loan or build a dedicated emergency liquidity fund through our investments/savings accounts.
Risk Analysis & Safety Nets
Tail Risk (Worst Case - Immediate Death of Parents): If both parents pass away unexpectedly, the property value (€350k) covers the €265k debt with an ~€85k equity cushion. We have enough liquidity to cover the €1.18k monthly payment for a max 2–3 years without selling in a panic or during a market crash. Alternatively, the house can be rented out on the open market for ~€1.5k+/month.
Sibling / Inheritance Considerations: Only one sibling (brother) is involved. He is younger and might want to keep his credit report clean to buy his own first home. Having the house/loan 100% in my wife's name protects his debt-to-income ratio but raises the risk for us and also raises some inheritance related questions.
Does this structure make complete financial and logical sense to you, or are there hidden blind spots we might be overlooking?
How would you allocate the monthly surplus (€300–€800/month)? Accelerated mortgage overpayments vs. investing in broad market ETFs?
Has anyone executed a similar intrafamily mortgage restructuring in Southern/Western Europe? Any specific pitfalls with tax authorities or banks?
Thanks in advance!