How Is the Inheritance Divided Between Me and My Partner’s Children?

When your partner passes away without a will, the inheritance is divided according to the rules of legal succession (intestate succession) in Germany. As the spouse, your share of the estate depends on the marital property regime and the number of children involved. Here's a detailed breakdown of how the inheritance is divided:

 
1. Legal Succession: Spouses and Children as Primary Heirs
1.1 Spouses and Children Share the Estate
In the absence of a will, both the surviving spouse and the deceased’s children are considered primary heirs. Together, they inherit the entire estate, with the division based on the rules of the marital property regime and the number of children.

1.2 Children's Equal Shares
All children, regardless of whether they are from the same or different relationships, inherit equally. Adopted children are treated the same as biological children under German law.

 
2. The Spouse’s Share: Influenced by the Marital Property Regime
2.1 Community of Accrued Gains (Zugewinngemeinschaft)
This is the default marital property regime in Germany unless otherwise agreed upon:

The spouse inherits 50% of the estate.
The remaining 50% is divided equally among the children.
Example:

Estate: €300,000
Spouse: €150,000
2 Children: €75,000 each
2.2 Separation of Property (Gütertrennung)
If you and your partner agreed to this regime in a marriage contract:

The spouse and children inherit equal shares.
Example:

Estate: €300,000
Spouse: €100,000
2 Children: €100,000 each
2.3 Community of Property (Gütergemeinschaft)
In this less common regime, the surviving spouse may inherit a larger portion, as the marital property is jointly owned. Specific calculations depend on the terms of the agreement.

 
3. Division in the Absence of Marriage
If you were not married to your partner, you do not inherit automatically under German law. The entire estate is divided equally among the children. However, you may have claims or entitlements in the following cases:

Joint assets: If you jointly owned property or savings, your share remains with you, and only your partner's share is part of the estate.
Contributions to wealth: You may be able to claim compensation for significant contributions to the deceased’s assets, such as renovations on a shared home.
 
4. Practical Scenarios for Spouse and Children
4.1 Scenario 1: One Child
The estate is divided between the spouse (50%) and the child (50%).

Example:

Estate: €200,000
Spouse: €100,000
Child: €100,000
4.2 Scenario 2: Two or More Children
The spouse retains 50%, while the remaining 50% is split equally among the children.

Example:

Estate: €400,000
Spouse: €200,000
2 Children: €100,000 each
4.3 Scenario 3: Stepchildren
Stepchildren (your partner’s children from a previous relationship) are treated as equal heirs under German law. However, your own children from a different relationship do not inherit from your partner unless they were adopted.

 
5. How Debts Affect the Inheritance
If the estate includes debts, these are subtracted from the total value before the division:

Example:Estate: €300,000
Debts: €100,000
Net estate: €200,000
Spouse: €100,000
2 Children: €50,000 each
You also have the right to reject the inheritance if the debts exceed the assets.

 
6. Special Rights for the Spouse
6.1 Right to the Marital Home
As the spouse, you may have a legal right to remain in the marital home. This right can be protected even if the home is part of the estate shared with the children.

6.2 Household Effects
You are entitled to keep household items such as furniture, appliances, and personal belongings. These are often excluded from the estate division.

6.3 Widow’s Pension
You may qualify for a widow’s pension or other benefits, which are separate from the inheritance and do not affect the division of the estate.

 
7. Steps to Take as the Spouse
7.1 Verify the Marital Property Regime
Understand which property regime applies to your marriage, as this significantly impacts your share.

7.2 Secure Joint Assets
Ensure that joint accounts or property are properly documented to protect your portion.

7.3 Consult an Inheritance Lawyer
Inheritance cases with multiple children or stepchildren can be complex. Professional advice can help ensure your rights are fully protected.

 
8. Conclusion
The division of inheritance between a spouse and children depends on the marital property regime, the number of children, and the specific assets involved. As the spouse, you have significant rights but may face complexities, especially if the deceased had children from previous relationships. Understanding your legal position and acting promptly ensures your fair share of the inheritance while minimizing disputes.