Claiming the distribution of household items in the event of separation
Description
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.
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
- If applicable, evidence of ownership of the household effects.
- Inventory list of household items, if applicablewith 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 to the consideration of equity, e.g. medical certificates.
- Court costs
- If applicable, lawyer's fees
- both depend on the value of the object
You must make your claim in good time during your separation.
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case
Contact the family court.
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.
- § 1361a of the German Civil Code (BGB)
- Section 111 No. 5 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ 200 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Family Disputes
- Section 269 (1) No. 6 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
- Section 270 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) for Civil Partnership Matters
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
02.10.2020
The text was automatically translated based on the German content.
06872 Lutherstadt Wittenberg
06886 Lutherstadt Wittenberg
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