Sell a house and stay in it: Compare models correctly

By DDORF WOHNEN · Software development and editorial work. General information, not advice on your individual circumstances.

01Staying in residence can be arranged in different ways

A tenancy after sale, a registered residential right and usufruct are different arrangements. A residential right under § 1093 BGB concerns living in the property; usufruct under § 1030 BGB concerns its use and benefits and may be restricted. A marketing term such as sale-and-leaseback does not fully describe the actual rights. Have the proposed agreement and safeguards explained to you.

02What number are you comparing?

Keep the capital you receive, any ongoing payments, costs you bear yourself and financing separate. The highest headline purchase price may come with additional charges or restrictions. For an assumed fixed period of use, a present-value calculation helps explain the cash flows. It does not establish a market discount or the tax value of a lifelong right.

03Collect the important questions in writing

Which rooms and ancillary areas are included? Who bears ongoing costs, repairs and major measures? What applies if you move out later? How are other residents taken into account? What is agreed upon in the event of payment disruptions or resale? These questions must be clarified before signing. The outcome depends on the contract, the rank of registered rights and other circumstances.

04Compare alternatives without pressure

Compare these arrangements with an ordinary sale followed by a move, keeping the property, and financing options actually available to you. Separate one-off proceeds from annual expenses. Do not assume a standard lifespan or guaranteed appreciation. Age and property value alone cannot decide the outcome: your wishes and the verified terms matter. A partial property sale (Teilverkauf), a life annuity (Leibrente) and other ways of turning property into income are different arrangements. Compare upfront and ongoing payments, occupancy fees, ownership shares, buyback and resale terms, and how your right to stay is protected. A large initial payout alone is not enough to judge an offer. Consult independent information and have the complete contract and its payment implications reviewed before committing.

05Documents for an independent review

Prepare current land register status, existing loan documents, property documents and the complete draft contract. Write down commitments from conversations and check whether they appear in the draft. According to Section 311b of the German Civil Code (BGB), property purchase contracts require notarial certification. DDORF does not sell such models, does not charge a registration fee and does not transmit your information to any provider.

No legal or tax advice

General information and preparation assistance, not individual legal, tax or financing advice. No mediation or forwarding of inquiries through this site.

Next steps and background

Data sources

Official source · Our own calculation · Our own analysis · DDORF estimate → Methodology

Official sourceBGB §§ 1093, 1030, 311bLegal framework; no examination of the individual caseRetrieval 08.10.2026View source(opens new window)
Official sourceMLV NRW: Informationen zum Immobilien-TeilverkaufIndependent consumer information; does not assess your individual caseAbruf 11.10.2026View source(opens new window)
Official sourceBGB § 759Legal framework; no examination of the individual caseAbruf 11.10.2026View source(opens new window)

As of 11.10.2026 · Legal information: 10/2026 · Source: DDORF WOHNEN editorial team