Knowledge · Guide · German law applies
After the death of your partner: what becomes of the house?
This page is meant for the time afterwards. Its most important message comes first: in the first year, usually nothing at all has to be decided about the house. What truly needs attention is little — and it can be put in order calmly.
Updated: June 2026
First, the answer
When a partner dies, much comes to a standstill — and at the same time, much from outside suddenly appears important. In this time, the shared house is more than a building: it is memory, support, and sometimes also a burden. Both may stand side by side, and neither demands a quick answer.
What truly needs attention in the first weeks is manageable — and it almost never concerns the house itself. The question of whether you stay, let, or one day sell has time: months, often years. Keeping the house is just as good a path as any other.
What truly needs attention in the first weeks
After a death, some formal matters continue or begin: the death certificate is needed several times, banks and insurers must be informed, the tax office receives a notification, ongoing contracts need reviewing. This is administrative work, not a life decision — and it can be worked through step by step, ideally with the help of a person you trust.
A single deadline deserves early attention, and it concerns only a few families: anyone who does not wish to accept an inheritance — for instance because debts might exceed its value — can disclaim it within six weeks of learning of it (Section 1944 of the German Civil Code). We name this deadline calmly because it can be met calmly: whether disclaiming is even worth considering is clarified by a lawyer or the probate court — not by you alone at the kitchen table.
Everything else — the certificate of inheritance, the land register, the final tax return — follows orderly paths and more generous timeframes. The law is clarified by a lawyer; taxes by the tax adviser. Our bereavement checklist walks through the sequence.
What can wait: the question of the house
In the first year, usually nothing at all has to be decided about the house. It is enough that the running costs continue to be paid and that the building insurer learns of the death. The house carries on — even if for a while you simply live in it, or prefer not to enter certain rooms for a time.
For the question of whether you stay, let, or sell, one thing holds: there is no reason to hurry. This decision improves the later it is made — not because postponement is a value in itself, but because only time reveals what your everyday life in this house looks like. A decision made in the first shock answers the wrong question.
Outside pressure — and how to set it aside
In the first months, many widowed people receive two kinds of mail: letters from buy-up firms offering to purchase “discreetly and quickly”, and well-meant advice from those around them — “The house is far too big for you on your own.” Both may be left to rest.
As for the letters: they are mass mailings, not a sign that anyone knows anything about you — and they oblige you to nothing. Whoever is in a hurry about your house is pursuing their own interests, not yours. How to recognise such letters and their patterns is explained in our article understanding buyer letters.
As for the advice, a simple sentence helps: “I will decide that when I am ready.” Anyone who means well will accept it. A practical habit is a folder labelled “Later”: everything that concerns the house and carries no deadline goes in — collected, not lost, but out of your head.
When movement arises on its own
For most people, the question of the house settles itself between the twelfth and the twenty-fourth month — not because a calendar dictates it, but because everyday life has provided answers by then. Some find that the house carries them: the garden structures the week, the neighbourhood holds, the rooms remain familiar. Then staying is the right decision, and it needs no justification.
Others find the opposite: the upper floor is hardly entered any more, the heating costs bear no relation to the space actually used, the house demands more than it gives back. That, too, is not a defeat but an observation — and a good occasion to gain an overview.
Both perceptions are equally valid. What matters is only that the decision grows out of your everyday life, not out of other people’s expectations.
What order can quietly be prepared
Even while nothing is decided about the house, order can be created in the background — without commitment, without a deadline. This overview brings relief because it turns a vague worry into a sorted folder:
- Gathering documents: land register extract, certificate of inheritance or will with the court’s opening record, insurance policies, loan documents, the energy certificate, invoices for major work on the house.
- Listing running costs: what the house costs per year — property tax, insurance, energy, reserves. One figure that brings calm because it brings clarity.
- Reviewing your own provisions: many powers of attorney were issued mutually to the partner. It is worth checking who could act for you in future — a notarised power of attorney puts this in order.
- Understanding the succession: are you the sole heir — or part of a community of heirs? This determines who decides about the house.
None of this obliges you to anything. It is order, not a course being set.
When the time comes: three paths, of equal standing
At some point you no longer carry the question around with you, but want to answer it. Then three paths stand side by side — none is the royal road, none the makeshift:
- Keeping the house. It remains your home. Perhaps its use changes — one floor is needed less, a room serves a different purpose, the garden is simplified. Staying is a fully valid decision, not a postponed one.
- Letting. The house remains your property and covers its own costs, or more. In return, you take on the role of landlady or landlord — with income, but also with responsibility. Whether that suits you can be calculated soberly.
- Selling. In an orderly way, at a time of your own choosing, on clear terms. A sale made from a position of calm regularly achieves better results than one under time pressure — another reason the waiting is worthwhile.
Which path holds depends on your everyday life, your means, and your family. We calculate and discuss all three — with an open outcome.
Key terms, clearly explained
- Certificate of inheritance (Erbschein)
- An official certificate from the probate court stating who has become the heir. Banks and the land registry often require it; a notarised will together with the court’s opening record can replace it. The application is not urgent as long as no institution requests it.
- Disclaiming an inheritance (Erbausschlagung)
- The declaration not to accept an inheritance — for instance when debts might exceed its value. The deadline is six weeks from learning of the inheritance (Section 1944 of the German Civil Code). Whether disclaiming is worth considering is clarified by a lawyer or the probate court.
Frequently asked questions
- Do I have to sell the house?
- No. Keeping and letting stand on equal footing with selling, and in the first year usually nothing at all has to be decided about the house. The question has months, often years.
- Which deadlines actually apply?
- Few. Banks and insurers should learn of the death promptly; the tax office receives a notification. One genuine deadline concerns only the special case of disclaiming an inheritance: six weeks from learning of it (Section 1944 of the German Civil Code), if debts might exceed the estate’s value. The legal assessment belongs with a lawyer.
- May I decide about the house on my own?
- That depends on the succession. As sole heir you decide alone; in a community of heirs — for instance with the children — all decide together. Our guide to the community of heirs explains the rules.
- I receive letters from buy-up firms — do I have to respond?
- No. Such mail is sent in bulk and obliges you to nothing. You may file it away unanswered. If an approach creates pressure, that is inappropriate — and a good reason not to sell there of all places.
- How do I begin, when I am ready?
- With an overview rather than a commitment: sorting documents, understanding costs and value, laying the three paths side by side. A free first conversation is enough to begin — at your pace, with no obligation.
How Wahrgut works in this time
We do not write to the bereaved and we do not research addresses. You get in touch when you are ready — until then, nothing happens from our side. If you wish, the work begins with an overview: what the house is worth, what it costs, which three paths are open. The first conversation is free and obliges you to nothing. We name the specific amounts of our fee in the free first conversation — in writing, before any engagement.
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This page gives orientation and does not replace legal or tax advice. The law is clarified by a lawyer; taxes by the tax adviser.
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