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Assertion of a claim for the distribution of household items in the case of separated partners
If you are married or in a registered civil partnership but living apart, you can ask for a distribution of household goods for the time you are living apart.
Your responsible authority
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Forms
None
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Detailed 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.
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Requirements
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
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Documents
- 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.
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Fees
- Court costs
- If applicable, lawyer's fees
- both depend on the value of the object
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Process
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.
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Duration
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures, depending on the individual case
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Deadline
You must make your claim in good time during your separation.
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Responsible authority
The family court at your local district court will decide on the application.
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Point of contact
Further contact options and service times can be found at the responsible local court.
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Legal basis
- § 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
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More information
For information on separation see
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Approved
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
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Approved date
02.10.2020