Geltendmachung eines Anspruchs auf Verteilung der Haushaltsgegenstände bei getrenntlebenden Partnern

If you are married or in a registered civil partnership but living separately, you can request a distribution of household goods for the period of separation.

If you are unable to reach an agreement with your separating partner about the distribution of household goods, you can take a claim for the distribution of household goods to court.

• Evidence of ownership of the household items, if applicable.
• If applicable, inventory list of household itemswith the respective ownership relationships and, if applicable, the intended distribution in the event of a subsequent divorce, countersigned by your spouse or partner
• If applicable, evidence of the circumstances relevant for weighing equity, e.g. medical certificates

As a spouse or civil partner, you are entitled to the distribution of household effects if

• you cannot agree on the distribution of the household effects,
• you are separated spouses or partners,
• the objects in dispute are household goods,
• the property belongs to you personally,
• you do not have to give the item to your partner to use because he or she needs the item to run a separate household.
• Objects belonging jointly to the partners shall be distributed between them in accordance with the principles of equity

• Court costs
• If applicable, attorney's fees
• both are based on the amount in dispute

An application for the distribution of household effects in the event of separation must be submitted to the local court - family court - with jurisdiction under sections 201 et seq. of the Family Proceedings Act.

• The court may impose an obligation to provide information on each of the spouses in order to facilitate its decision in accordance with section 206 I FamFG.
• The court shall discuss the matter with the spouses at a hearing. It shall order the personal appearance of the spouses.
• The court shall decide on the distribution of household goods by order. It may fix a reasonable remuneration for the use of the household effects.

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case

You must make your claim in good time during your separation period.

For information on separation see

• Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month

• Distribution of household effects in case of separation Decision
• Can only be claimed during the period of separation until divorce (the final distribution for the period after divorce is regulated in § 1568b BGB)
• Requirements for the claim:
  • lack of agreement on the distribution of property
  • spouses or partners living separately
  • objects in dispute are household objects
  • the object belongs to the claimant personally
  • the object does not have to be left to the partner for use
• competent: Local Court - Family Court -

The family court at your local district court will decide on the application.

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