A
female
age
41-50,
anonymous
writes:I have question about the law in Europe ( Germany ). I'm come from Asia but married to a German. My husband wants to buy a flat here in Germany. He said he will put the flat only to his name. But he said he will make also another paper that when he die the flat will be mine. Is that possible to happen even my name is not in the contract of the flat? He has one son and I feel he want this flat to be with him when his father die. I can not ask this information legally to anyone else because I'm not sure if they will be on my side. I need the opinion from other people who is not related to me OR my husband. Please I just need an honest answer, but no criticism. Thank you. Reply to this Question
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female
reader, anonymous, writes (13 May 2011): Hello,
im the one who post this question. i just dont know how to come back to the page so i can answer you all again. thankyou for all your reply. it help a lot. yes im legally married and we are already nearly 8 years together. this son is his son from the first marriage but now he is alreagy grown up 34 years old and he is a lawyer. i can not say i can speak perfect german but i can communicate to them with a ordinary conversation. to the anonymous who ask why is this an issue. my answer is, its because this is the reality of life that sometimes not easy to avoid to speak about. i love my husband and there is no doubt bout it. but somehow my husband is older than me, i am asia and when my husband die there is no body will protect me here in a foreign country. my husband and his son anyway start talk and plan about this matters, i think it is not that too much bad to make my self a little bit secured too. to chigirl you are right if my name will be also in that contract, if my husband die in 100% the 75% will be mine and in law says 25% must be given to his son and i have no problem with that. thank you all for you all your time i really appriciate you all.
A
female
reader, CindyCares  +, writes (13 May 2011):
 @ Sparta . No, actually it's exactly the opposite. The guy can write all the wills and the papers he wants, in GERMANY there is no legal way he can give less than 50% of his property to his son and legitimate heir.
What you say may perhaps be true in USA, but it's not what happens in most European countries,including Germany, where inheritance law prescribes statutory quotas ( a certain percentage of the property that mandatorily must go to certain individuals ).
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A
male
reader, Sparta  +, writes (13 May 2011):
 If he said he'd make another paper that says if he dies the flat will be yours it will be yours. If he makes such a paper; there is no legal way to take it away from you or give it to somebody else. If I were you I'd ask the details about the other paper; is it his will he is writing. If so; whoever makes up their will; decides who gets what and even when people get things. If he signed you into the will stating you will recieve the flat in the event of his death then it will happen. Thats the benefits of writing a will; otherwise it goes to the half law depending if the child is a child from another marriage.
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A
female
reader, chigirl  +, writes (12 May 2011):
 As far as I know, although uncertain about laws in Germany, the spouse inherits first. But, if there are children from outside of the marriage (his son) these children will inherit first in line as well. Meaning the spouse and the children will have to divide everything between them. If you and your husband have children together, these children will not inherit anything when he dies, as it will all go to you.
1. spouse and children outside of marriage
2. children
3. closest relative (brothers etc)
Now, if you buy the place together and put your name on it as well, you will legally own 50% of it. That means when your husband dies you and his son will have to split HIS part of the apartment, leaving 25% of the apartment to each of you. That would give his son 25% ownership, and you 75% ownership. This would be a much better deal for you, as you will practically own the place and can simply buy out the son for a small cost and keep the entire apartment to yourself.
Consult with a lawyer to get the correct information. A lawyer will cost you a bit of money, so get a price estimate before you consult the lawyer. A lawyer you hire in will not be on any side, but will tell you how the laws work.
Even if your husband writes a will, or a paper that says you will inherit the apartment, the laws come above such papers. If the law says the son will inherit 50% of the apartment or more, then that is what will happen.
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A
reader, anonymous, writes (12 May 2011): no offense but why is this such an issue? if i may ask
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A
female
reader, CindyCares +, writes (12 May 2011):
No, in Germany 1st grade heirs ( sons and daughters ) have the right to a statutory quota ( " not less than.. ")of their parent's property , whether the parent leaves a will or not, and this quota is 50%. In other words, your husband can write all the papers he wants,they will be void, he can't exclude his son from inheriting his 50 % ( all for him because there are no siblings).
Also the surviving,legally married spouse has the right to a statutory quota, and in your case , since there is only one 1st class heir, I think is the whole other 50 %.
But please, DO check with a lawyer, ( my source for this info is fairly reliable, but not totally mistake-proof, since German civil law is so complicated, plus they just reformed inheritance laws in 2010!)
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A
male
reader, zcgby678  +, writes (12 May 2011):
I would say stop being a woman and start winning your husband's love and trust...material things come as a consequence of that. Women don't get it sometimes. How is he supposed to know if you will turn your back, the minute the ink dries? Give it time, he will love you one day enough to give you more but never as much as his flesh and blood.
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A
female
reader, Abella +, writes (12 May 2011):
 Are you Legally married to him?
Does he have a Valid Will? Showing who will share in his estate after he dies? It must be properly signed, witnessed and dated.
If he has a valid Will who has he named as his Executor (person who administers his estate)?
If he does not have a valid Will then the German Laws applying to Intestacy (leaving no valid Will) will define who can share in his estate, under the law.
Can you read and speak German fluently?
You need to be able to read and understand anything you are asked to sign, before you sign it.
Yes I agree he should buy the flat under both your name and his name. But he may be trying to provide for his son as his priority. But he should also consider how well he is looking after you.
And if he passes away, leaving you, and his son, then his son may feel he owes you nothing.
I hope you do get some replies from people conversant with the German Legal system, because it may be very unlike the system in your country and different to the legal system in some English speaking countries.
But the broad principles re Wills, Intestacy and Testate estates and property in one name versus two names may not be too different to what some other nearby countries use as their laws.
If you can I would also suggest you ask some questions at a Free Legal Advice service situated in a Community based organistion in Germany.
What you also need to ask them is who inherits under Intestacy and what is the percentage that goes to the spouse (that is you) once their married partner in their marriage has died.
Hope you get more replies
If he dies without a Will then
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A
female
reader, aunt honesty  +, writes (12 May 2011):
 If your husband writes out a will asking that the flat is left to you, well then it will be, unless his son contests the will which could also happen. If it is really worrying you that much I think you should ask your husband what his reasons are for not putting your name on the flat deeds.
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