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German Court Rules Lifelong Residence Rights Remain After Nursing Home Move
The Federal Court of Justice of Germany (Bundesgerichtshof) ruled that a lifelong residence right (Wohnrecht auf Lebenszeit) recorded in the land register stays in force until the holder's death. It does not end when the holder moves into a nursing home, except if the premises become permanently uninhabitable, the resident depends on permanent medical equipment, or the resident dies. The right can be terminated only with the holder’s explicit consent.
When a resident moves to a nursing home, the Pflegekasse (nursing care insurance) pays a portion of the costs, but the contribution often falls short, creating a co‑payment that the resident must cover. If the resident cannot pay, the social‑welfare agency steps in to cover the shortfall. According to a 2013 decision of the Higher Regional Court of Nuremberg (OLG Nürnberg), waiving the lifelong residence right before moving to a nursing home is treated as a gift. Such a gift is subject to a ten‑year rule, meaning that if fewer than ten years elapse between the waiver and the move, the social‑welfare office may reclaim the transferred assets.
Entities
Federal Court of Justice of Germany · German social welfare agencies · Higher Regional Court of Nuremberg · Pflegekasse
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 2 SOURCES] The lifelong residence right does not terminate when the holder moves into a nursing home, unless the premises become permanently uninhabitable, the resident requires permanent medical equipment, or a www.allgaeuer-zeitung.de
- [● 2 SOURCES] Waiving the lifelong residence right before moving to a nursing home is treated as a gift subject to a ten‑year rule, per OLG Nürnberg 2013. www.allgaeuer-zeitung.de
- [● 2 SOURCES] If fewer than ten years pass between the waiver and the nursing home move, the social‑welfare office can reclaim the transferred assets. www.allgaeuer-zeitung.de
- [● 2 SOURCES] A lifelong residence right recorded in the land register remains valid until the holder's death. www.allgaeuer-zeitung.de
- [● 2 SOURCES] Nursing home costs are partially covered by the Pflegekasse (nursing care insurance). www.allgaeuer-zeitung.de
- [● 2 SOURCES] The lifelong residence right can be terminated if the holder explicitly consents. www.allgaeuer-zeitung.de
- [● 2 SOURCES] The Pflegekasse contribution often falls short, creating additional payments the resident must cover. www.allgaeuer-zeitung.de
- [● 2 SOURCES] If the resident cannot pay the co‑payment, the social‑welfare agency covers the shortfall. www.allgaeuer-zeitung.de