Can we buy a property as an unmarried couple?

If you want to buy a house or apartment as an unmarried couple, there are a few things you should consider beforehand: What precautions should I take to protect myself in the event of a separation or even the death of my partner?

Many unmarried couples do not realize that they are not entitled to inherit in the event of their partner's death. Part or all of the jointly acquired property may then pass to the heirs in accordance with the statutory order of succession. To avoid being left empty-handed, it is advisable to make some arrangements.

Entry in the land register

Only those who are registered as owners in the land register are considered owners in legal transactions. However, it does not matter how much you paid for the property. If only your partner is listed as the owner in the land register, you have no ownership rights without a corresponding partnership agreement. If you are both listed in the land register, the property is usually divided equally in the event of death. One half belongs to you, the other goes to your heirs.

Partnership agreement for the purchase of real estate

It makes sense to conclude a partnership agreement if various details are to be precisely regulated. For example, the contract can document who has contributed how much equity to the purchase of the property or who pays the repayments and how much. In the case of a partnership agreement, both parties are proportionally listed as owners in the land register.

Details should also be regulated, such as what should happen if one party can no longer pay the installments or who remains in the property in the event of a separation. Seek advice from a legal expert for the partnership agreement and from a real estate expert for the property.

GbR for the purchase of real estate

It is also possible to form a GbR (partnership under civil law) when purchasing real estate. The GbR is then entered in the land register as the owner. The partners then own shares in the company's assets, i.e. the property. The details are then regulated in the partnership agreement. For example, the partnership agreement lists the exact shares of both partners or what arrangements have been made in the event of separation.

When forming a GbR, it is mandatory to keep a precise record of the contributions made. However, it is also advisable to document this in the partnership agreement in order to prevent disputes later on.

Seek advice from a legal and real estate professional on the partnership agreement or the formation of a GbR for the purchase of real estate.

Are you unsure what to look out for as an unmarried couple when buying real estate? Get in touch with us! We will be happy to advise you.

Notes

For reasons of better readability, the generic masculine is used in this text. Female and other gender identities are explicitly included where this is necessary for the statement.

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

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