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Ownership partnership

If two natural persons buy a home together, this has been the case since 2002 automatically a Ownership partnership justified. A contract or any other formal act is not necessary for this.

The special thing about the owner partnership is that both persons each half owner of the property, no matter how much each of them contributes to the purchase price, for example. It is therefore not possible for one person to be, for example, two thirds of the property and the other person only one third of the owner.

It is not necessary that there is a special family relationship between these two persons.

If, for example, a spouse or partner in a (same-sex) partnership establishes an owner partnership by purchasing a property, exactly half of them will both become apartment owners with a minimum share.

Your shares in the minimum proportion of home ownership are allowed not charged differently be!

The same applies if the owner transfers the required minimum share to the spouse, partner or another person in order to establish joint home ownership.

The connected shares of an owner partnership may then no longer be separated, but only together restricted, encumbered or subjected to foreclosure.

Rights and duties of the co-owners

The partners are jointly liable for all liabilitiesthat can arise from the common home ownership. Likewise, they are only allowed to use the property they own or share their own condominium together.

If an owner wants to sell his / her share, he / she needs the consent of the other partner.

Separation of the co-owners

It is advisable in case of separation contractual agreements hold true. There are no contractual arrangements either

  • a sale of one's own share takes place (only with the consent of the co-owner) or
  • the owner partnership can be canceled with a court action for division.

Death of a co-owner

If one of the co-owners dies, the living co-owner inherits his / her half of the property. However, he / she must pay the heirs a takeover price in the amount of half the market value of the share of the apartment, unless he / she is entitled to a compulsory share.

Related Links

Right of residence for homeowners brochure (→ AK)

Legal bases

Condominium Act (WEG)

Last update: January 11, 2021

Responsible for the content: Federal Ministry of Justice