What Rights Do I Have as the Spouse or Partner Under the Legal Succession?

When a loved one passes away without a will, the legal succession (intestate succession) determines how their estate is divided. As a spouse or partner, your rights depend on several factors, including your marital status, the property regime you shared, and whether children or other relatives are involved. Here’s a detailed overview of your rights under German inheritance law.

 
1. Rights of a Legally Married Spouse
1.1 Priority as an Heir
As a legally married spouse, you are among the first in line to inherit, sharing the estate with the deceased’s children or, in their absence, other relatives such as parents or siblings.

1.2 Inheritance Share
Your share of the estate depends on the marital property regime:

Community of Accrued Gains (Zugewinngemeinschaft): The most common regime in Germany. You inherit 50% of the estate, with the remaining 50% divided among the children.
Separation of Property (Gütertrennung): If this regime applies, you typically inherit one-third of the estate, with the remainder divided among other heirs.
Community of Property (Gütergemeinschaft): In this rare case, you may inherit a larger portion or the entire estate, depending on the agreement.
1.3 Special Rights to the Marital Home
If you shared a home with the deceased, you may have a legal right to remain in the marital home. You can also request the court to allocate this property to you, even if it forms part of the estate.

 
2. Rights as an Unmarried Partner
2.1 No Automatic Inheritance Rights
If you were not legally married, German inheritance law does not grant you any automatic inheritance rights. The entire estate is distributed among the deceased’s legal heirs, such as children, parents, or siblings.

2.2 Possible Claims
You may still have a claim if:

You were financially dependent on the deceased.
You made significant contributions to building the deceased’s wealth. In such cases, you might pursue compensation or a claim for unpaid financial contributions (e.g., loans or investments in shared property).
2.3 Assets Outside the Estate
If the deceased named you as a beneficiary in a life insurance policy, retirement fund, or joint account, these assets bypass the estate and go directly to you.

 
3. Special Inheritance Rights for Spouses
3.1 Pension Entitlements
As a spouse, you may qualify for a widow’s pension under German law. This is separate from the inheritance and does not affect your share of the estate.

3.2 Household Effects
You have the right to retain household items and personal belongings from the shared home. This is often separate from the formal inheritance process.

3.3 Adjustments for Debts
If the estate includes significant debts, you can reject the inheritance within six weeks of being informed. This prevents you from being liable for more debts than assets.

 
4. How Is the Estate Divided Among Heirs?
4.1 With Children
If there are children, the estate is split between you and them:

You receive 50% of the estate in Zugewinngemeinschaft.
The remaining 50% is divided equally among the children.
4.2 Without Children
If the deceased had no children, you share the estate with their parents or siblings:

You receive 75% of the estate if the deceased’s parents are alive.
If no parents or siblings exist, you inherit the entire estate.
 
5. Steps to Secure Your Rights
5.1 Verify Marital Status
Ensure you have legal documentation proving your marriage, such as a marriage certificate, especially if you were married abroad.

5.2 Request an Inventory
You can demand an official inventory of the estate to assess its value and liabilities. This helps you decide whether to accept or reject the inheritance.

5.3 Secure Assets
Take steps to secure shared assets, such as freezing joint accounts or registering your claim to the marital home.

5.4 Consult a Lawyer
An inheritance lawyer can guide you through the legal process, especially if disputes with other heirs arise or the estate includes international assets.

 
6. Conclusion
As a spouse, German inheritance law provides you with significant rights under the legal succession, prioritizing your financial security. However, unmarried partners face more challenges and should take proactive steps to protect their interests. Understanding your rights and acting quickly ensures you receive your fair share while avoiding potential liabilities.