Legal notice

This article is for general information purposes only and does not constitute legal, tax, or financial advice, nor a valuation in an individual case. Despite careful research, we assume no liability for accuracy, completeness, and timeliness. For specific questions, please consult a lawyer or tax advisor. Older content may be outdated due to changes in legislation or case law.

Without a marital bond, the rights to a jointly owned property are determined solely by the co-ownership shares registered in the land register, irrespective of the individual financial contribution during the relationship.

If one partner has invested considerably more than is reflected in the land register, compensation claims arising from a so-called internal partnership (Innengesellschaft) or unjust enrichment may come into consideration under certain circumstances.

An independent valuation of the property also forms the necessary basis here to enable a fair division or payout between the partners.

A so-called internal partnership (Innengesellschaft) is recognized by case law only under strict conditions, for instance when a joint economic project going beyond the mere cohabitation was clearly pursued.

Unlike married couples, there is no automatic statutory compensation mechanism for non-marital cohabitations, which is why a contractual arrangement is strongly recommended already at the time of joint acquisition.