Homepage > Administrative Portal Hesse

Decision on the distribution of household goods in the event of separation

Gültigkeitsgebiet: Hessen

Quick info

If you are married or in a registered civil partnership, but living apart, you can request a division of household goods for the period of separation.

Description

If you and your separated partner cannot agree on the distribution of household goods, you can assert a claim to the distribution of household goods in court.

Procedure

An application for the distribution of household items in the event of separation must be filed with the local court – family court – having jurisdiction pursuant to sections 201 et seq. of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG).

  • To facilitate its decision, the court may impose an obligation to provide information on either spouse pursuant to Section 206 (1) of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG).
  • The court shall discuss the matter with the spouses in a hearing. It shall order the personal appearance of the spouses.
  • The court decides on the distribution of the household goods by order. It may determine a reasonable compensation for the use of the household goods.

Deadlines

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

Costs & Fees

  • Court costs
  • if applicable, legal fees
  • Both are based on the value in dispute

Legal basis

Technical approval

Hessian Ministry of Justice

legal remedy

  • Complaint pursuant to sections 58 et seq. of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG) against the family court decision within one month

Stichwörter

  • Section 1361a of the German Civil Code (BGB)
  • Separation
  • Heh
  • living apart
  • Household items
  • Registered partnership
  • Divorce
  • Division of household goods
  • FamFG
  • Partner
  • Distribution