Real Estate Market / Real Estate News: If you're building together without a marriage license, you need to take active steps to protect your property. Because without a contractual agreement, you can otherwise be left empty-handed in the event of a separation.
A marriage certificate is not essential for starting a family or 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, on the other hand, are considered strangers – at least in the eyes of the law.
What must be taken into account?
Those who decide to build a house together would prefer not to think about a possible separation. But what begins harmoniously does not always end in domestic happiness. Couples therapist Boris Bergmann also knows this. Many of his clients have to deal with legal disputes after a messy separation.
To be completely secure, the contractual provisions must be clear and comprehensive. They are supplemented by the corresponding entries in the land register. It is best to seek advice from a lawyer or the notary who notarizes the contract. The following points should be considered:
1. Which partner invested how much money in the purchase or construction of the property? Should be considered also, if one side brings in own capital funds or the property, while the other takes over in return loan rates. Furthermore, it should be agreed how personal contributions will be compensated, if necessary.
2. At best, both partners should be registered as owners in the land register. It is up to you whether you register 50 percent each, or whether you orientate yourself on the performance shares. Alternatively, you can agree on an appropriate equalization contribution in the event of separation.
3. If one partner waives the entry in the land register, he should agree on a right of reclaim in case of separation.
4. In order to ensure that the surviving partner has a roof over his or her head in the event of death, rights of first refusal and residential rights should be granted.
What forms of contract are available?
Even couples who have decided not to marry can create a legally binding, customized framework for building together. To ensure legal certainty, a choice can be made between the following alternatives