Living Together Agreement Template for Germany

A Living Together Agreement is a legally binding contract between unmarried partners who choose to cohabitate in Germany. This document establishes clear terms for your relationship's practical and financial aspects, providing legal protection in a country where unmarried couples have limited automatic rights under German law.

When do you need this document?

You need a Living Together Agreement when moving in together as an unmarried couple, especially if you're purchasing property together or combining finances. It's essential when one partner owns the residence and the other contributes to mortgage payments or renovations. The document becomes crucial if you're planning to have children together, as it can address parental responsibilities and financial support. You should also consider this agreement when significant income disparities exist between partners, or when either party has substantial assets or debts they want to protect.

Key legal considerations

Your agreement must comply with the principle of good faith (Treu und Glauben) under BGB § 242 and avoid provisions that violate moral standards under BGB § 138. Property arrangements should clearly distinguish between joint and separate ownership, following civil law partnership principles in BGB § 705-740. Financial clauses must address how you'll handle joint expenses, individual debts, and contributions to household costs. Gift provisions between partners should align with BGB § 516-534, particularly for significant transfers of property or money. Termination clauses must be fair and enforceable, specifying how you'll divide assets and handle ongoing obligations like lease agreements or joint debts.

Legal requirements in Germany

German law doesn't require notarization for basic Living Together Agreements, but certain provisions involving real estate transfers must be notarized under BGB requirements. The agreement must be written in clear, unambiguous language that both parties can understand. If the document includes property ownership arrangements, you may need to register changes with the Grundbuch (land registry). Rental law provisions under BGB § 535-548 apply when both partners are tenants or when one partner joins an existing lease. Constitutional protections under Grundgesetz Article 2 ensure your right to structure your personal relationships, but the agreement cannot override mandatory legal protections. Consider having the document reviewed by a German family law attorney, especially if it involves complex financial arrangements or international elements.