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When transferring property ownership in Germany, you need a properly executed Affidavit For Change Of Ownership Of Property to support your application with the Land Registry Office (Grundbuchamt). This sworn declaration provides essential information about the property transfer and must comply with strict German legal requirements to ensure the ownership change is legally recognized and properly recorded in the Grundbuch.

When do you need this document?

You must prepare this affidavit whenever property ownership changes hands in Germany. This includes purchasing real estate from another party, inheriting property from a deceased family member, receiving property as a gift, or transferring ownership between spouses during divorce proceedings. The document is also required when corporate entities acquire or dispose of real estate assets, or when property ownership changes due to court orders or legal settlements. Without this affidavit, the Land Registry Office cannot process your ownership transfer application, making it impossible to establish legal title to the property.

Key legal considerations

Your affidavit must include precise property identification using official Grundbuch reference numbers and cadastral details to avoid registration errors. You must declare all parties involved in the transfer, including their full legal names, addresses, and identification numbers as required by German law. The document should specify the legal basis for the transfer, whether contractual sale, inheritance, gift, or other grounds recognized under the BGB. Any existing encumbrances, mortgages, or rights of third parties affecting the property must be accurately disclosed. False statements in the affidavit can result in criminal liability under Section 156 of the German Criminal Code, making truthfulness and accuracy absolutely essential.

Legal requirements in Germany

German law requires your affidavit to be notarized by a qualified notary public (Notar) who will verify the identity of all declarants and witness the signing process. The document must comply with the Beurkundungsgesetz notarization standards and include specific language recognizing the legal consequences of false statements. You must provide supporting documentation such as purchase contracts, inheritance certificates, or gift deeds to substantiate the ownership transfer. The Land Registry Office will review your affidavit alongside other transfer documents to ensure compliance with Grundbuchordnung procedures. Real estate transfer tax obligations under the Grunderwerbsteuergesetz may also need to be addressed before the ownership change can be registered, and your affidavit may need to reference tax compliance documentation.