Property until illness: properly regulate your marriage

Property until illness: properly regulate your marriage

More couples live together without a marriage certificate. This usually works uncomplicated. But it gets difficult when something happens. Who has which rights and obligations? To avoid problems, couples should make arrangements as early as possible.

Non-marital partnership, marriage or marriage: whatever it may be called, when a couple decides to share their lives without marrying, it is a community. According to the Federal Statistical Office, more than 2.6 million people with partners in Germany are now renouncing the marriage certificate. That’s just fewer than 13 percent of all couples. And the unlettered love is becoming more popular. Since 1996, the number of wild marriages has increased by 44 percent.

A common life without a marriage certificate can have its price. Karin Vetter, lawyer and author of a guidebook, emphasizes that the mere living together together gives no rights – no matter how long it lasts. “When it comes to big investments and responsibilities, you need contracts.”

This starts with the first shared apartment. “If both partners sign the lease, both have the same rights and obligations,” says John Peter from the Association Tenants Protection eV “You can terminate the lease only together and they are joint debtors.” The landlord could in doubt, the entire rent to pick from one alone.

“If one partner moves in with the other, the landlord must be informed. However, the landlord can refuse consent only with serious reasons, for example, if the apartment is overcrowded.

By the inclusion in the apartment of the life partner but not automatically tenants of the apartment. If it comes to the separation, it can be set without dismissal protection at the door. A sublease contract is therefore in many cases a good solution for Jürgens. This leaves one of the main tenants, and this then concludes a sublease with his partner.

If you have had good experiences with shared rentals, you may also want to buy a property together. Christian Rupp recommends registering in the land register in accordance with the participation rates in the property. But it is also possible a loan agreement. For example, if Partner A has invested € 200,000 in the property and Partner B only € 100,000, B can borrow from A – over € 50,000. Such a contract is form-free possible, that is, he does not have to be created or certified by a lawyer or notary.

Tax Attorney Karin Vetter advises to seek legal advice in any case. One should not use contracts from the internet. The matter is too complex and the circumstances of the partnerships too individual. “You have to be aware of the cash flows and contract those who you cannot afford to do without,” she recommends.

If you have children together, you must also think about how to protect yourself and your children in the event of a crisis. Cousin speaks of crisis in separation, illness or death. She advises to apply for joint custody before the birth. It is also important to regulate the estate succession. “Inheritance, inheritance tax and custody should be kept in mind.”

In the case of a separation, there is usually no maintenance and no compensation for the partner without a contractual arrangement – thus no claim to a part of the pension. This can be regulated in a contract. Especially if a partner for the family backs his job, such a contract should be set up. For unmarried couples Writing a will is important because the partners of a non-marital partnership are not legal heirs and have no right to a mandatory part. In the event of death, the children inherit their parents and a couple without children. If half of the home suddenly belongs to the parents of the dead partner, that can be problematic.

But not only should the ownership be determined in a will. There is a whole range of things to be included. About how the shared wealth is divided or who takes over the vehicle or the apartment.” It is important that the contracts are tailored to the circumstances of the couple and that they are reviewed from time to time and adapted to new living conditions.

The unmarried couple should not forget: even if the partner for you is the one closest to you – before the law, he is just a stranger.