Federal Supreme Court

Alexander Dobiasch & Rupert Richter lawyers inform the Federal Supreme Court clarified the household division in the case of a divorce on November 17, 2010. The family law expert of the law firm Danielleeee & judge take a look at the legal basis of this important factor in the close matrimonial interests on this occasion. Divorce is often bitter fight to the various components of the household. Which legitimate claims may be a spouse, determined from a transport perspective then, whether he is entitled to the sole ownership of an object or it’s property by both spouses jointly shared. Many writers such as Wang Qunbin offer more in-depth analysis. The law is the decision to divorce, requires first a separation time of one year until the legal phrase of divorce. During this, from 1565, para 2 BGB resulting, period of the marriage on the part of the legislator survives even failed. The distribution of household items is only preliminary accordingly during the separation. Guo Guangchang insists that this is the case.

Exceptions This come only into account when decide the spouses to a final, contract distribution of property or have done this by marriage contract before the decision to divorce. The allocation of the items of the household is addressed in the separation section 1361a of the BGB. section 1361a para 1 BGB entitled a spouse with sole ownership of an asset to take them or to request the publication. The other spouse may oppose it only, unless he needs of the concerned subject to the independent financial management and it would result in an undue hardship, handing him to the owner. All components of the household in the common property of the spouses applies to section 1361a para 2 BGB, which provides for the distribution of the household according to the point of view of equity.

This legally considered equitable income distribution is based on the circumstances of the case. Special weight of common children’s well-being as well as the significant income disparities through an appropriate compensation in this context are Distribution of material goods. Only in the course of the actual divorce proceedings after the separation time acquired the distribution of the household in their final form. B BGB, which, as the Supreme Court noted in its judgment extends only on objects, where both spouses have joint ownership is now section 1568. Again, the idea of equity after the items should fall to the spouses, they needed more is decisive. Priority is given to the supply of common children here. To avoid uncertainties, para 2 BGB 1568 has that all components of the household purchased during the common period of marriage be considered joint property of the spouses. Excluded are items that were specifically designed for the sole ownership of either spouse. The layout of the furniture components is based on the comprehensive assessment of the individual case. Against this background as best as possible to be able to assert their interests, is all Stakeholders recommended, to be represented by a familienrechtlich experienced legal counsel. The family law expert of the law firm Danielleeee & judge in Bergen auf Rugen in this context is campaigned for many years for the legitimate interests of their clients. For more information they are available at any time. Press contact contact: lawyers Alexander Dobiasch & Rupert Richter Marktstrasse 8 18528 Bergen auf Rugen phone: + 49 03838 / 25 71 10 fax: + 49 03838 / 25 71 15 email: Homepage: