Many unmarried couples assume that a partner inherits automatically when the other dies. That is not the case. German statutory inheritance law gives a clear entitlement to a spouse, but none to an unmarried partner. This guide explains what applies without a will, how the matrimonial property regime affects the share of a surviving spouse and how the position can be secured with simple steps.
Short answer: Without a will, an unmarried partner inherits nothing under the statute. The surviving spouse inherits under section 1931 of the German Civil Code (BGB), depending on the family relations, a quarter, a half or the whole estate. In the community of accrued gains (Zugewinngemeinschaft), the spouse’s share increases by a further quarter (section 1371 BGB). A partner who wants to be protected needs a will or an inheritance contract. Last updated: November 2026.
The most important points at a glance
- An unmarried partner is not among the statutory heirs. The statute names only the spouse.
- The spouse inherits a quarter alongside relatives of the first order and a half alongside relatives of the second order or grandparents.
- If no such relatives exist, the spouse inherits the entire estate.
- In the community of accrued gains, the statutory share of the spouse increases by a flat quarter of the estate.
- A partner who wants to be protected should consider a will or an inheritance contract before anything happens.
Who inherits if there is no will?
Statutory inheritance orders the estate by family relationship and marital status. Relatives of the first order are usually the children, relatives of the second order usually the parents and their descendants. The spouse stands alongside them as a separate statutory heir. Their share depends on which relatives are present.
The rules for spouses are set out in section 1931 BGB. Under it, the surviving spouse inherits a quarter alongside relatives of the first order. Alongside relatives of the second order or grandparents, the spouse inherits a half. If no such relatives exist, the spouse receives the entire estate. The provision also leaves the balancing of gains under section 1371 BGB untouched.
Why the matrimonial property regime changes the share
For married couples, the matrimonial property regime is a second factor that must not be overlooked when someone dies. If the couple lives in the community of accrued gains, the balancing of gains on death is achieved through the inheritance share. The statutory share of the surviving spouse then rises by a quarter of the estate, regardless of whether any gain actually arose (section 1371 subsection 1 BGB).
The overview below shows how the position looks depending on marital status and family relations. It is simplified and assumes that there is no will and no inheritance contract.
| Situation | Statutory result for the partner | Note |
|---|---|---|
| Married, children present | Spouse inherits a quarter, plus a further quarter in the community of accrued gains | The children share the remaining part |
| Married, no children, but parents or siblings | Spouse inherits a half, increased by a quarter in the community of accrued gains | The order of relatives decides |
| Married, no relatives of the first or second order | Spouse inherits the entire estate | Grandparents are considered under section 1931 BGB |
| Unmarried, living together | No statutory inheritance right for the partner | Will or inheritance contract needed |
Assumption: a married man dies in the community of accrued gains and leaves a wife and two children without a will. The wife first receives a quarter and, through the balancing of gains, a further quarter. Each child then receives a quarter. Together these shares make up the entire estate.
What applies to unmarried couples?
Unmarried partners are not provided for in statutory inheritance law. This applies regardless of how long the relationship has lasted and whether you share a flat. The estate therefore passes to relatives, and if there are none, possibly to the state. As a result, a partner who has lived in the home and shared costs for years can end up with nothing.
For unmarried couples, personal provision is therefore especially important. A will, a life insurance policy with a nominated beneficiary or a contract on joint ownership can improve the position. Which tools suit an individual case depends on the assets and on the relatives.
How can a partner be protected without a will?
The question is often not whether you must do something, but where to start. A simple option is a will, which the testator writes by hand or has notarised. If you own a house together, it is also worth checking how the ownership is entered in the land register, because the register position affects the inheritance.
- Work out who would inherit under the statute and check whether your partner appears there at all.
- Clarify which assets exist, such as accounts, property, insurance policies and securities.
- Have a notary or a specialist lawyer in inheritance law advise you before you draft a will or an inheritance contract.
A will does not have to be elaborate, but its form must be right. Errors in form or content can mean that the testator’s wishes are not carried out. If you are unsure, use advice before drafting and read the text carefully afterwards.
Frequently asked questions
Does my partner inherit if we have lived together for many years?
No. Statutory inheritance law does not recognise cohabitation without marriage as a ground for inheritance. The length of the relationship changes nothing. Anyone who wants to protect a partner must arrange it through a will, an inheritance contract or other agreements.
Can I name my partner in a will?
Yes. A will can appoint the partner as heir or give them individual items. You should bear in mind that compulsory portion rights of children or parents may exist and limit your room for manoeuvre. These rights follow their own rules.
Does the matrimonial property regime matter if we are not married?
No. The matrimonial property regime applies only to spouses. Unmarried couples have no balancing of gains, so in an inheritance only the will or the arrangement you have made counts. This guide covers marriage, and provision for unmarried couples follows other rules.
How does the balancing of gains fit with a will?
The balancing of gains on death runs through the inheritance share. A will can supplement that legal position but cannot fully replace it. If you want to depart from the standard, examine both rules together. A detailed explanation is in our guide Separation of property or Zugewinn: what counts at marriage.
What you can do now
- List the relatives who would inherit under the statute and check whether your partner is covered at all.
- Record your assets and debts, including bank accounts, insurance policies and property.
- Book a consultation with a notary or specialist lawyer before drafting a will or contract.
Related reading
- Family, partnership and money: the overview for young adults
- Separation of property or Zugewinn: what counts at marriage
- Divorce costs: what proceedings cost and who pays
- Joint tax assessment for married couples: why its abolition is being discussed
- Calculating child maintenance: what parents pay after separation
Sources: Section 1931 BGB, statutory inheritance of the spouse (accessed November 2026, no version date shown on the page), Section 1371 BGB, balancing of gains on death (accessed November 2026).
Last updated: November 2026. This guide is general information, not individual advice.
