Assertion of a claim for the distribution of household goods in the case of separated partners
If you are married or in a registered civil partnership but living separately, you can request a distribution of household goods for the period of separation.
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Basic information
If you are unable to reach an agreement with your partner who is separating on the distribution of household goods, you can file a claim for the distribution of household goods in court.
Requirements
As a spouse or civil partner, you are entitled to the distribution of household goods if
- You cannot agree on the distribution of the items,
- you are separated spouses or partners,
- the objects in dispute are household objects,
- the object belongs to you personally
- you do not have to give the item to your partner for use because he or she needs the item to run a separate household.
- Objects belonging jointly to the partners are distributed between them according to the principles of equity
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Procedure
An application for the distribution of household effects in the event of separation shall be filed with the local court - family court - having jurisdiction pursuant to sections 201 et seq. of the Family Proceedings Act (FamFG).
- The court may impose an obligation to provide information on each of the spouses 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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Necessary Documents
- Inventory list of household items, if applicable
With the respective ownership and, if applicable, the distribution intention in the event of a subsequent divorce, countersigned by your spouse or civil partner.
- Inventory list of household items, if applicable
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Fees / Costs
- Court costs
- If applicable, attorney's fees
Both are based on the amount in dispute. -
Deadlines & processing time
What deadlines must be paid attention to?
You must make your claim in good time during your separation period.
How long does it take to process
At least 3 months due to the prescribed procedure, in more complex procedures possibly longer, depending on the individual case.
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Legal Bases
- § 1361a Bürgerliches Gesetzbuch (BGB)
- § 111 Nr. 5 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
- §§ 200 ff. Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) für Familienstreitsachen
- § 269 Abs. 1 Nr. 6 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) für Lebenspartnerschaftssachen
- § 270 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) für Lebenspartnerschaftssachen
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More Information
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The official information in German is complete and correct. 31.01.2025