Do I Have Any Rights to My Partner’s Property If We Were Not Married but Lived Together?

In Germany, inheritance laws prioritize family relationships, particularly spouses and biological or adopted children. If you were not legally married to your partner, your rights to their property are significantly limited under the legal succession rules. However, there are exceptions and potential claims depending on your circumstances. Here’s an in-depth look at what you can expect.

 
1. No Automatic Inheritance Rights
1.1 Legal Succession Does Not Apply
If you were not married to your partner, you are not recognized as a legal heir under German inheritance law. This means you have no automatic claim to your partner’s estate, which will instead pass to their children, parents, or other relatives according to the rules of intestate succession.

1.2 The Importance of a Will
For unmarried partners, the only way to inherit directly is if your partner names you as an heir in a valid will. Without this, you are excluded from the estate distribution.

 
2. Joint Property and Shared Assets
2.1 Ownership Rights
If you jointly owned property with your partner, such as a house or a car, your ownership share is protected. Only your partner’s portion of the jointly owned asset becomes part of their estate.

2.2 Joint Bank Accounts
Funds in joint bank accounts typically belong equally to both account holders. Your share remains yours, while your partner’s share becomes part of their estate. This division depends on the bank’s terms and the specifics of the account agreement.

2.3 Contribution Claims
If you contributed significantly to purchasing or improving shared property, you might have a claim for reimbursement. For example, if you helped renovate a jointly owned home, you could argue that your contribution should be considered when dividing assets.

 
3. Agreements and Beneficiary Designations
3.1 Co-Ownership Agreements
If you co-owned significant assets like real estate, you might have signed agreements outlining your rights. These agreements will determine how the property is handled after your partner’s death.

3.2 Beneficiary Designations
Certain assets, such as life insurance policies, pension plans, or investment accounts, may allow the deceased to name a beneficiary. If your partner listed you as the beneficiary, these assets bypass the estate and go directly to you.

 
4. Potential Legal Claims
4.1 Compensation for Contributions
If you contributed to your partner’s wealth or supported them financially, you might claim compensation under civil law. This could include:

Investments in property registered solely under your partner’s name.
Loans or significant gifts you provided to your partner.
4.2 Unjust Enrichment
You might argue that your partner’s estate was unjustly enriched at your expense, especially if you helped increase their wealth or property value without formal recognition.

 
5. Housing Rights
5.1 Marital Home Protection Does Not Apply
Unlike married spouses, unmarried partners have no automatic right to remain in the shared home after their partner’s death. The home becomes part of the estate, and the heirs may claim ownership.

5.2 Negotiation with Heirs
If you wish to remain in the home, you must negotiate with the legal heirs or buy out their share of the property. Alternatively, you can seek a rental agreement with the heirs if you want to stay temporarily.

 
6. Practical Steps for Unmarried Partners
6.1 Encourage Estate Planning
Talk openly with your partner about creating a will or naming you as a beneficiary in life insurance or retirement plans. This is the most secure way to protect your rights.

6.2 Document Contributions
Keep detailed records of any financial or non-financial contributions you make to shared assets. These records can support claims for reimbursement or compensation if disputes arise.

6.3 Consult a Lawyer
If you anticipate issues with the estate or need to assert claims, consulting an inheritance lawyer can help you navigate the legal complexities and maximize your chances of success.

 
7. Conclusion
If you were not married to your partner, you do not automatically inherit their property under German law. However, you may still have rights to joint assets, designated beneficiary accounts, or compensation for contributions. The best way to protect your interests is to encourage estate planning and, where possible, formalize agreements about shared property and finances. Taking these steps can ensure financial security and minimize potential disputes with legal heirs.