Joint Tenancy

The common law concept of joint tenancy is unknown in German Civil Law. Co-owned real estate is alway held in tenancy in common (Bruchteilseigentum). However, a survivorship right in real estate can be achieved by titeling the property in the name of a partnership (Gesellschaft bürgerliclhen Rechts).  With regard to the interest in a joint account (gemeinschaftskonto) in Germany, it can be agreed that the decedent`s interest in the account shall pass to the survivor (surivorship right). However, such agreements are very uncommon in Germany and the interest of a co-owner of a German bank account generally passes into the estate (Nachlass)


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Glossary

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