Unmarried together build a house – this is what you should pay attention to

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Real estate market / real estate news: Those who build together without a marriage certificate must take active steps to protect their property. Because without a contractual agreement, you can otherwise end up empty-handed in the event of a separation.

A marriage certificate is neither indispensable for starting a family nor for building a house together, but it automatically brings with it legal provisions that protect the interests of the spouses in the event of divorce. Unmarried persons are considered on the other hand – at least before the law – as strangers.

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 struggle with legal disputes after an unpleasant separation.

In order to fully protect themselves, the contractual provisions must be clear and comprehensive. These are supplemented by the corresponding entries in the land register. It is best to seek advice from a lawyer or the notary notarizing the property. The following points should be considered:

1. Which partner has invested how much money in the purchase or construction of the property? Consideration should also be given if one side contributes equity or the property while the other takes over loan installments in return. Furthermore, it should be agreed how personal contributions will be compensated, if necessary.
2. At best, both partners should be entered as owners in the land register. It is up to you whether you register the company at 50 percent each, or whether you orientate it on the performance shares. Alternatively, you can agree on a corresponding equalization contribution in the event of separation.
3. If one partner waives entry in the land register, he or she should agree on a right of reclaim in the event of separation.
4. To ensure a roof over the head of the surviving partner in the event of death, pre-emption and housing rights should be granted.