Woman not in the land register and the man dies

Inheritance matters

Wife is not in the land register and the man dies: That applies

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

They have been living harmoniously with their husband in a beautiful house for many years. But suddenly her husband dies of a heart attack and they find that they are not entered in the land register. What now?

Legally, they are not automatically the owner of the property. We explain how it continues according to the legal succession or special will.

There is basically a legal claim for the surviving spouse or the surviving spouse. That should be considered:

With a clear testamentary regulation, uncertainties can be avoided. The succession is clearly defined and it is covered as a widow or as a widower.

As a wife, you are not in the land register, but you have to complain about your husband’s death. How the property continues depends on the answers to the following questions:

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

With an insight into the land register, you can find out about the legal conditions of your property or house. The question can be answered there: “Who inherits if spouses are not in the land register?”

As a widow, a legitimate interest required in Germany is available for an insight. To be on the safe side, present the marriage certificate, death certificate and your identity card. You can apply for a fee from the land register at any time.

Your husband dies and you as a wife are not in the land register, or vice versa? A testament present would be helpful so that as a widow you can keep your co -ownership share. The so -called Berlin testament written during his lifetime could identify you as sole heirs. Read here exactly what a Berlin will is.

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