Geltendmachung eines Anspruchs auf Verteilung der Haushaltsgegenstände bei getrenntlebenden Partnern
Rheinland-Pfalz
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99046044221000, 99046044221000
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Typ 2/3
Inhalt
Assertion of a claim for the distribution of household items in the case of separated partners
Assertion of a claim for the distribution of household items in the case of separated partners
Begriffe im Kontext
nicht vorhanden
- Leben in einer binationalen Partnerschaft, auch einer gleichgeschlechtlichen Partnerschaft (Eheschließung, zivile/eingetragene Partnerschaft, Trennung, Scheidung, Güterrecht, Rechte von Lebenspartnern)
Fachlich freigegeben am
02.10.2020
Fachlich freigegeben durch
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
- § Section 1361a of the German Civil Code (BGB)
- § Section 111 no. 5 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
- §§ 200 ff. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for family disputes
- § Section 269 (1) no. 6 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for civil partnership matters
- § Section 270 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) for civil partnership matters
If you are married or in a registered civil partnership but live separately, you can request a distribution of household items for the period of separation.
If you are unable to reach an agreement with your partner who is separated about the distribution of household items, you can assert a claim for the distribution of household items in court.
- Proof of ownership of the household items, if applicable
- Inventory list of household items, if applicablewith the respective ownership structure and, if applicable, the intended distribution in the event of a later divorce, countersigned by your spouse or partner
- If applicable, evidence of the circumstances relevant to the consideration of fairness, e.g. medical certificates
As a spouse or partner, you are entitled to the distribution of household items if
- you cannot agree on the distribution of the items,
- you are separated spouses or partners,
- the items in dispute are household items,
- the item belongs to you personally,
- you do not have to let your partner use the item because he or she needs it to run a separate household.
- Items belonging jointly to the partners are distributed between them in accordance with the principles of equity
An application for the distribution of household items in the event of separation must be submitted to the competent local court - family court - in accordance with §§ 201 f. FamFG.
- To facilitate its decision, the court can impose a duty to provide information on each of the spouses in accordance with § 206 I FamFG.
- The court should discuss the matter with the spouses at a hearing. It should order the spouses to appear in person.
- The court shall decide on the distribution of the household effects by order. It may set a reasonable fee 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
- Distribution of household items in the event of separation Decision
- can only be requested during the period of separation until the divorce (the final distribution for the period after the divorce is regulated in § 1568b BGB)
- Prerequisites for the claim:
- Lack of agreement on the distribution of the property
- Spouses or partners living separately
- The items in dispute are household items
- the item belongs to the applicant personally
- the item does not have to be given to the partner for use
- competent court: Local Court - Family Court -