In the event of a separation: Who can stay in the house or apartment?

The emotional burden of a separation is high – and when it comes to possibly having to leave the home, it may increase. In order to keep a cool head, it is helpful to know the legislation.

In the event of a jointly concluded rental agreement

Many, also unmarried couples, conclude a common rental agreement when moving into the shared apartment to create a feeling of equality: both have to pay, both are held responsible in the event of damage and both have to be liable. In addition, a partner cannot terminate the contract on its own or only for themselves – both partners must match the issues of termination. A simple “throwing out” is normally not possible, since the thrown out partner still has to fulfill contractual obligations and is therefore still a debtor. However, it is possible to throw out in the event of domestic violence. This must be acute so that the police can refer the violent partner of the apartment.

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One possibility of solving the problem is to agree and move out together – everyone is looking for their own new apartment. Incidentally, the jurisprudence supports one partner’s claim against the other to carry out the joint termination. Section 749 (1) and §§ 705 ff of the BGB regulate that all partners of a community or society have the right to dissolve them.

Otherwise, the conversation with the landlord can also be sought: In most cases, landlords agree that the contract is dissolved and a new rental agreement is concluded with the partner in the apartment.

If only one partner has concluded the lease

The possibility of conversation with the landlord also offers itself if only one partner has concluded the rental agreement. In this case, the landlord is in principle offered a subsequent tenant.

In this case, however, the rental partner has the upper hand: he can terminate the apartment on his own, which means that the non-rental partner also has to move out at the end of the contract.

Special regulation for married couples

In the event of a divorce or separation of the spouses, there are initially the same extract options as with the separation of shared partners who are not married. But: Basically, in an existing marriage, both partners have the right to stay in the apartment – no matter who rented or the owner is.

If it gets hard, both spouses can apply for the transfer of the shared apartment during the separation phase, but only with a precise justification such as illness, the financial situation or the well -being of the children together. The right to apply for the transfer is unlimited in time, but according to Section 1361b (4) of the BGB, the following applies: Anyone who moves out without returning to the apartment within six months has left the shared apartment to the partner in the apartment. The “extract” counts here when some of the clothes and documents have been taken – but it can still be owned by the pull -out partner in the apartment.

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The spouse pulled out then still has the right to collect again – but not without the consent of the partner remaining in the apartment. He is no longer allowed to enter the apartment without consent.

By the way: If it is decided in court which of the two spouses in the apartment or house, the landlord must accept the decision. The extract is most unproblematic due to separation if it is discussed before the separation or even the common move -in who has to move out in an emergency.

Editor finance.net

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