How to decide who remains in the house?
The Wohnungszuweisungsverfahren is a legal process that allows individuals, particularly those in need of housing due to specific circumstances, to apply for the allocation of a residential unit. This procedure is particularly relevant in cases of separation or divorce, where one partner may need to remain in the marital home while the other seeks alternative accommodation.
1. Legal Basis:
The procedure is primarily governed by the German Civil Code (BGB), specifically under
§ 1361b (Ehewohnung bei Getrenntleben)
which addresses the allocation of the family home in the event of separation or divorce.
2. Eligibility:
The procedure is typically initiated by one spouse or partner who wishes to remain in the shared residence. This is often relevant in cases where children are involved, as the court may prioritize the stability and well-being of minors.
3. Application Process:
The interested party must file an application with the competent family court. This application should include relevant details about the living situation, the need for housing, and any supporting evidence, such as proof of income, the current living situation, and the impact on children, if applicable.
4. Court Considerations:
The court will assess various factors when deciding on the application, including:
– The needs of both parties.
– The welfare of any children involved.
– The duration of the marriage or partnership.
– The financial situation of both parties.
– Any history of domestic violence or other relevant circumstances.
5. Decision:
If the court grants the application, it may issue an order that allows the applicant to remain in the residence for a specified period or until a final decision regarding the division of property is made. The court may also impose conditions on the use of the property.
6. Enforcement:
If the other party does not comply with the court’s decision, the applicant may seek enforcement through legal means, which could involve the assistance of law enforcement to ensure compliance.
7. Conclusion
The Wohnungszuweisungsverfahren is a vital legal mechanism designed to protect individuals‘ housing rights during separation or divorce. It aims to provide stability, particularly for children, while ensuring that both parties‘ rights are considered. Ask your specialist lawyer for family law (Fachanwalt für Familienrecht) for advice.