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Affidavit Of Surviving Joint Tenant for Germany

Affidavit Of Surviving Joint Tenant Template for Germany

An Affidavit of Surviving Joint Tenant is a formal legal declaration used in German property law to establish the rights of a surviving joint tenant following the death of another joint tenant. This document, governed by German civil law (Bürgerliches Gesetzbuch - BGB), serves as official proof for the land registry (Grundbuchamt) to update property records. The affidavit must comply with German notarization requirements and includes detailed information about the property, the deceased tenant, and the surviving tenant's claim to full ownership. It is particularly important in the German legal system, where property transfers must be meticulously documented and officially registered.

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What is a Affidavit Of Surviving Joint Tenant?

The Affidavit Of Surviving Joint Tenant is a crucial document in German property law used when one joint tenant of a property passes away and the surviving tenant needs to establish their right to full ownership. This document is required by German land registry offices (Grundbuchamt) to update property records and is governed by the German Civil Code (BGB) and Land Registry Law (Grundbuchordnung). It must be notarized in accordance with German law and typically includes detailed information about the property, proof of death, and confirmation of the joint tenancy arrangement. The affidavit serves as a formal declaration under oath, establishing the survivor's right to assume full ownership without going through the standard inheritance process, provided the joint tenancy agreement remains valid at the time of death.

What sections should be included in a Affidavit Of Surviving Joint Tenant?

1. Declaration Header: Formal opening stating this is an affidavit (Eidesstattliche Versicherung) and identifying the declarant with full legal name and address

2. Property Information: Detailed description of the subject property including address, land registry details (Grundbuch information), and property identifier numbers

3. Joint Tenancy Details: Information about the original joint tenancy, including date of creation and reference to the deed or document that created it

4. Deceased Tenant Information: Details about the deceased joint tenant including full name, last address, and date of death

5. Survivorship Claim: Explicit statement claiming survivorship rights and confirming that the joint tenancy was never severed

6. Supporting Facts: Additional facts supporting the claim of survivorship and continued joint tenancy until death

7. Verification Statement: Formal statement verifying that all information provided is true and correct under penalty of perjury

What sections are optional to include in a Affidavit Of Surviving Joint Tenant?

1. Marriage Status Declaration: Required if the joint tenants were married to each other, confirming the marriage was valid until death

2. Additional Property Rights: Required if there are other property rights or restrictions that need to be addressed

3. Debt and Lien Statement: Required if there are any outstanding mortgages, liens, or other encumbrances on the property

4. Tax Declaration: Required if there are specific tax implications that need to be addressed regarding the property transfer

What schedules should be included in a Affidavit Of Surviving Joint Tenant?

1. Death Certificate: Certified copy of the deceased joint tenant's death certificate (as a required attachment)

2. Property Title Document: Copy of the original property title or deed showing joint tenancy

3. Land Registry Extract: Current extract from the land registry (Grundbuchauszug) showing current ownership status

4. Identity Documents: Copies of surviving tenant's identification documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses

















Relevant Industries

Real Estate

Legal Services

Banking and Finance

Public Administration

Property Management

Notary Services

Tax Advisory

Estate Management

Relevant Teams

Legal

Real Estate

Property Administration

Conveyancing

Document Processing

Estate Planning

Compliance

Records Management

Relevant Roles

Real Estate Lawyer

Notary

Property Manager

Estate Administrator

Legal Counsel

Land Registry Officer

Real Estate Agent

Tax Advisor

Mortgage Advisor

Property Rights Specialist

Estate Planning Attorney

Legal Administrative Assistant

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