
Can we buy a property as an unmarried couple?
Many unmarried couples are unaware that they are not entitled to inherit from their partner in the event of their death. Part or even all of the jointly acquired property may then pass to the heirs in accordance with the legal 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. 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 the heirs.
Partnership agreement when buying real estate
It makes sense to conclude a partnership agreement if you want to regulate specific details precisely. For example, the agreement can document who contributed how much equity to the purchase of the property or who pays what amount of the mortgage. In a partnership agreement, both parties are listed as owners in the land register in proportion to their share.
In addition, details should also be regulated, such as what should happen if one party is no longer able to pay the installments or who remains in the property in the event of a separation. Seek advice on the partnership agreement from a legal expert and on the property from a real estate expert.
GbR when buying real estate
It is also possible to form a GbR (civil law partnership) when purchasing real estate. The GbR is then listed as the owner in the land register. The partners then own shares in the company's assets, i.e., the property. The details are then set out in the partnership agreement. The partnership agreement specifies the exact shares of both partners and any arrangements made in the event of separation.
When establishing a GbR, it is mandatory to keep accurate records 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 regarding the partnership agreement or the establishment of a GbR for the purchase of real estate.
Are you unsure what you need to consider as an unmarried couple when buying real estate? Contact us! We will be happy to advise you.
Notes
For reasons of readability, the generic masculine form is used in this text. Female and other gender identities are expressly included insofar as this is necessary for the statement.
Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts of your specific case clarified by a lawyer and/or tax advisor.
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