Real estate market / real estate news: If you build together without a marriage certificate, you must actively take care to protect your property. Because without a contractual agreement, you can otherwise be left empty-handed in the event of a separation.
A marriage certificate is not essential for starting a family or building a house together, but it automatically brings with it legal provisions that safeguard the interests of the spouses in the event of a divorce. Unmarried people, on the other hand, are considered strangers – at least in the eyes of the law.
What must be considered?
Who decides to build a house together, would prefer not to think about a possible separation. But what starts harmoniously does not always end in domestic happiness. Couples therapist Boris Bergmann knows this too. Many of his clients have to deal with legal disputes after an unpleasant separation.
To be fully protected, the contractual provisions must be clear and comprehensive. They are supplemented by the corresponding entries in the land register. It is best to seek advice from a lawyer or the notary notarizing the contract. The following points should be considered:
1. Which partner has invested how much money in the purchase or construction of the property? It should also be taken into account if one party contributes equity or the land, while the other takes over the loan installments in return. Further it should be agreed upon, how own contributions are compensated if necessary.
2. Ideally, both partners should be registered as owners in the land register. Whether you make the entry at 50 percent each, or orient to the performance shares, is up to you. Alternatively, you can agree on an appropriate compensation contribution in the event of separation.
3. If one partner renounces the entry in the land register, he should agree on a right of reclaim in case of separation.
4. To ensure a roof over the head of the surviving partner in the event of death, rights of first refusal and residence should be granted.
What forms of contract are there?
Even couples who have decided against marriage can create a legally binding, individually adapted framework for joint construction. To ensure legal security, a choice can be made between the following alternatives
Partnership agreement
A partnership agreement is usually drawn up informally and covers various aspects of living together. If rights and obligations in connection with a property are regulated, a notarial deed is required.
Civil law partnership (GbR)
The GbR is a partnership with a corporate purpose and a corresponding partnership agreement. For the purpose of joint real estate acquisition, the two partners join forces and contractually regulate the following matters:
Usage
Participation relationships
a possible compensation in case of later marriage, separation or death
Takeover rights
The pitfalls posed by inheritance law, especially for unmarried partners, can also be circumvented with a GbR. Notarization is not always necessary, but it is advisable in any case.