Should I move with my fiancée?

Moving in with Hartz 4: That is important to note

With all love: keep an eye on finances

When couples move in together, it's a wonderful thing first of all: From now on, the partners no longer have to move back and forth between the apartments, they share everyday life and can cuddle on the couch in the evening. But with all the romance, a dose of pragmatism doesn't hurt. For example, if one of them receives unemployment benefit 2, also known colloquially as Hartz 4. Then the partners should check carefully before moving about the consequences of moving in together for your legal status. Because the job center can possibly reduce benefits for the Hartz 4 recipient. This is always the case when the moving partner is classified as a so-called community of need.

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What is a community of need?

According to social law, the term community of need refers to a. The people who live together in this benefit community take over before the law mutual responsibility for one another and are also financially responsible for one another. Typically these are:

  • Married couple,
  • registered same-sex life partner or
  • People in a so-called Community of responsibility and responsibility ().

The community of needs also includes unmarried children under the age of 25who live in the household and cannot earn a living from their own income.

The construction of the community of need serves the job center as a basis for the calculation of the basic security according to Hartz 4. The support is calculated on the basis of the income and assets of all members of the household. The following applies to people in benefit communities generally a lower Hartz 4 rule rate than for people living alone.

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Move together when both are based on Hartz 4

And what happens if both partners receive unemployment benefit 2 from the job center? In this case too, a couple can of course move in together. The same rules apply as for couples where one working partner has a fixed income.

Marriage-like community: this is how the law defines it

In the case of married couples and registered same-sex partners, the situation is clear: they are in any case a community of needs and have to stand up for one another, also financially. But From what point in time are unmarried partners considered a community of responsibility and responsibility respectively as cohabitation? The Social Security Code puts it this way:

A mutual will to take responsibility for one another and to stand up for one another is assumed when partners

  • have lived together for more than a year,
  • with a common child living together,
  • Children or Take care of relatives in the household or
  • are authorized to dispose of the income or assets of others.

: The relationship test for everyday life

Does the relationship work in everyday life too? The legal definition of a marriage-like community gives unmarried couples the opportunity to move in together with Hartz 4 on a trial basis, without having to accept financial disadvantages. Accordingly, the partners can initially live together for a year and receive the higher Hartz 4 rate for single persons before they are classified as a community of needs by the job center. Such an arrangement is colloquially referred to as, but there is no separate legal definition for it. From a legal point of view, it is nothing more than a shared apartment.

The prerequisite for such is that no children together in the household live andno relatives or children are cared for.For example, if you purchase Hartz 4 and would like to move in with your partner and child, you must assume that your benefits will be reduced from the start.

Another important requirement for the probationary year is that the Partner does not dispose of the other's income and assets. This is the case, for example, when there is a joint account. Even if the couple has joint assets, for example a building society loan agreement, the job center assumes a community of needs, as is the case in the case of joint insurance. Instead, you should be very careful to separate your finances properly.

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In the event of separation, it is essential to operate separately

But what happens when a couple separates, but still wants to share an apartment as a flat share? From an emotional point of view, this is certainly difficult at first, but it can sometimes be necessary - especially in cities and metropolitan areas with limited living space. In order to prevent the job center from being classified as a community of need, those involved must prove the opposite on their own initiative and, for example, provide evidence of strictly separate economic circumstances. These include, for example:

  • Your own account,
  • own rental agreement or sublease agreement or proof that everyone transfers their rental share to the landlord themselves,
  • affidavit of both partners,
  • separate bedrooms.