Who is the owner of a property? This information can be found in the land register. After inheritance, the land register must be corrected. For this, however, the heirs must also be able to provide relevant evidence.
After an inheritance, the land register must be corrected: the heirs are registered as new owners. The heirs can prove their position with a certificate of inheritance, among other things. But other documents are also permitted, as a decision of the Higher Regional Court (OLG) Frankfurt am Main shows, to which the Working Group Inheritance Law of the German Lawyers’ Association (CROWD) (Ref .: 20 W 96/20). In case of doubt, the land registry must also recognize a marriage certificate from the surviving parent and an affidavit.
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The land registry can request several documents from the inheritance
The case: a married couple draws up a joint will in front of a notary. Here, the spouses mutually commit themselves to so-called “preliminary heirs”. “Subsequent heirs” of the first to die and heirs of the longest-living person should be the “common descendants” in equal parts, whereby the subsequent inheritance occurs on the death of the previous heir “and, if there are common descendants, also when the previous heir remarries”.
In line with this: What actually happens if the landlord dies?
The wife was the owner of a property. When she dies, her husband is entered in the land register as her previous heir. When he remarries, their only daughter applies to be entered in the land register as the sole successor. She affirms in lieu of oath that she is the only common descendant of the couple. The land registry asked for a certificate of inheritance.
In the event of divorce, inheritance rests with the daughter
Wrong: The land register has to be corrected, the judges decide. The man has remarried and the aftermath has occurred. This means that the daughter, as the only common descendant, has now become the mother’s heir instead of the husband. This means that it must be entered in the land register.
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To do this, she must provide proper evidence. In relation to the land registry, this is normally only possible through public deeds. One such would in fact be the certificate of inheritance required by the land registry. A public document, such as the notarial joint will of the parents, is also sufficient for the law. After that, however, the daughter will only become the mother’s heir on the condition that the father remarries.
Here, however, the daughter met the condition “marriage” by submitting a public marriage certificate. For the position of those involved as sole heir, the only thing missing is proof that there are no other common descendants of the spouses besides her. An affidavit from your father as the only surviving parent is sufficient. If they can provide this, the land registry has to report the land register.
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