Inheritance: Woman is not in the land register, man dies – that applies

Inheritance matters

Wife is not in the land register and the husband dies: This applies

Ownership and inheritance law are not always easy. Consider the legal and financial consequences for deaths at an early stage. An overview.

You have been living harmoniously with your husband in a beautiful house for many years. But suddenly your husband dies of a heart attack and you realize: you are not registered in the land register. What now?

Legally, you are not automatically the owner of the property. We explain what happens next according to legal succession or special will regulations.

In principle, the surviving spouse has a legal right to inheritance. This is to be noted:

• Your claim to inheritance depends on other heirs. These can be children or parents.
• Without a will, legal succession takes effect. Spouses and children are considered first-order heirs.
• If there are no children, the parents of the deceased also inherit.

Uncertainties can be avoided with clear will regulations. The inheritance is clearly defined and you as a widow or widower are protected.

As a wife, you are not listed in the land register, but you have to mourn the death of your husband. What happens next with the property depends on the answers to the following questions:

• Should the shared house remain the center of your life as a widow?
• Have there been children living in the house before? Should they continue to live there?
• Are you now the sole owner and can decide freely?

There is usually a community of heirs when the husband dies and the wife is not listed in the land register. Ultimately, only mutual agreements can be made.

By looking at the land register you can find out about the legal situation of your property or house. The question can be answered there: “Who inherits if spouses are not listed in the land register?”

As a widow, you have a legitimate interest in access, which is required in Germany. To be on the safe side, present your marriage certificate, death certificate and your ID card. You may request copies of the land register at any time for a fee.

Your husband dies and you as your wife are not listed in the land register, or vice versa? A will would be helpful so that you as a widow can, among other things, retain your share of the property. The so-called Berlin will, written during your lifetime, could identify you as the sole heir. You can read exactly what a Berlin will is here.

If there is no will, marriage or inheritance contract, a tricky situation arises. Since only the deceased was recorded in the land register, a community of heirs could be formed. Among other things, this can decide whether you can continue to stay in the property you live in together.