Assertion of a claim for the distribution of household items in the case of separated partners

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.

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

• 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

• court costs
• lawyer's fees, if applicable
• both depend on the value of the matter in dispute

You must assert your claim in good time during your separation phase.

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

• § 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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02.10.2020