Couples who live together without being married are legally in a different position from married couples. Many assume that after several years in a shared home similar rights arise. The law does not provide for this. This guide explains which rules are tied to marriage, where unmarried couples still need to make arrangements, and which steps are worthwhile.
Short answer: Unmarried partners have no claim to family maintenance and are not entitled to inherit as spouses under the statutory order of succession. Under § 1931 BGB, a spouse inherits a quarter alongside children, and marriage is the precondition for this. Without a will or another disposition, the estate therefore does not pass to the partner. Last updated: November 2026.
The essentials at a glance
- Family maintenance and separation maintenance are rules for spouses and do not apply to unmarried couples in the same way.
- The statutory inheritance right of a spouse under § 1931 BGB requires a marriage.
- Joint children create maintenance claims against both parents regardless of marriage.
- Anyone wanting to protect a partner needs a will, a power of attorney and clear rules for accounts and debts.
- Marriage changes the legal position, so the decision should also be considered from a legal angle.
Which maintenance rules apply only to married couples?
Between spouses there is a duty to provide family maintenance (§ 1360 BGB). Under § 1360a para. 1 BGB, appropriate family maintenance covers everything that is necessary given the spouses’ circumstances, namely household costs, personal needs and the living needs of joint children. This duty presupposes marriage. For unmarried partners there is no comparable statutory duty to provide joint maintenance.
Separation maintenance under § 1361 BGB is also a claim between spouses. Someone who is not married cannot rely on that provision. What remains important is how shared spending is arranged. Practical notes can be found in the guide on a shared household budget (in German).
| Topic | Married couples | Unmarried couples |
|---|---|---|
| Family maintenance | Duty under § 1360 BGB | No comparable statutory duty |
| Separation maintenance | Claim under § 1361 BGB | No basis in that provision |
| Statutory inheritance of the partner | Spouse inherits under § 1931 BGB | Partner is not entitled to inherit as a spouse |
| Joint children | Maintenance against both parents | Maintenance against both parents, regardless of marriage |
The table shows that children provide the strongest legal link. The duty of both parents to maintain a child applies regardless of a marriage. The guide on calculating child maintenance (in German) explains how that duty is worked out.
What does the spouse’s statutory inheritance right provide?
The statutory inheritance right of a spouse is set out in § 1931 BGB. The surviving spouse inherits a quarter of the estate alongside relatives of the first order, usually children. Alongside relatives of the second order or grandparents, the spouse inherits half. If there are neither relatives of the first or second order nor grandparents, the spouse receives the entire estate.
| Relatives present | Share of the spouse under § 1931 BGB |
|---|---|
| Relatives of the first order (usually children) | One quarter |
| Relatives of the second order or grandparents | One half |
| No relatives of the first or second order and no grandparents | The entire estate |
For unmarried couples this means that the claim does not arise. Without a disposition on death, the partner is not among the statutory heirs. Anyone who wants to provide for their partner must regulate this expressly. The guide on inheritance between partners without a will (in German) describes the basics.
How can a partner be protected?
Protection for an unmarried partner is built from several elements. The sequence below helps to settle the main points without losing yourself in detail.
- Make a will if the partner is to receive something on death. The guide on wills for young adults (in German) explains the starting point.
- Set up a power of attorney so that it is settled who takes decisions in an emergency. Details are in the guide on powers of attorney for couples (in German).
- Clarify accounts, contracts and joint debts before anything happens. Notes are in the guide on joint loans (in German).
- Check protection through insurance, so that the partner is not left alone financially in an emergency.
It is important that these elements fit together. A will that provides for the partner helps little if accounts or insurance policies name other people. A shared overview of all contracts is therefore worthwhile.
What does marriage change?
With marriage, the statutory rules for spouses apply, in particular family maintenance under § 1360 BGB and statutory inheritance under § 1931 BGB. That does not mean that all questions are settled automatically. The matrimonial property regime and any agreements determine additionally how assets are treated. The basics are in the guide on a prenuptial agreement (in German).
Anyone considering marriage should think through the changes in advance. Marriage has consequences for maintenance, inheritance and taxes. The decision is personal, but it should rest on a clear understanding of these consequences.
Frequently asked questions
Do we have claims like a married couple after several years together?
No. The passage of time does not turn unmarried partners into spouses. The statutory rules for spouses require a marriage. Certain claims can arise from contracts or from joint children, not from the mere length of living together.
Does my partner inherit if there is no will?
Under the statutory order of succession, the spouse inherits under § 1931 BGB. An unmarried partner does not belong to this group. Without a disposition on death, the partner therefore does not share in the estate.
Can I still leave something to my partner?
Yes, through a disposition on death, usually a will. The exact design depends on the family and the assets, and larger estates should be discussed with a specialist inheritance solicitor.
Who helps with the choice between marriage and living together?
The decision is personal. For the legal consequences, a notary or a solicitor specialising in family and inheritance law are the right contacts. Counselling services for families can offer a first orientation.
What to do now
- Establish which joint accounts, contracts and debts exist.
- Have a will reviewed if the partner is to receive something on death.
- Set up a power of attorney and record who decides in an emergency.
- Clarify open questions on inheritance, maintenance and a possible marriage with a specialist solicitor.
Related guides
- Family, partnership and money: the overview for young adults
- Inheritance between partners: what applies without a will
- Wills for young adults: when they make sense
- Powers of attorney for couples: account and emergencies
- Paternity acknowledgement and maintenance for young fathers
Sources: § 1931 BGB, statutory inheritance of the spouse (in German), gesetze-im-internet.de, page date not stated, retrieved November 2026; § 1360a BGB, scope of family maintenance (in German), gesetze-im-internet.de, page date not stated, retrieved November 2026.
Last updated: November 2026. This guide is general information, not individual advice.
