Divide the household fairly: Turn one into two

There are more and more single-person households in Germany. The proportion of single-person households has more than doubled since 1950. In 2022, it was 41 per cent. Couples who split up in a dispute and want to live alone in future need to follow a few rules.

The way in which people in Germany live and work together today has changed fundamentally in recent decades. Five-person or three-generation households are now the exception. For many people, it has become too stressful to have to constantly coordinate their lives.

After a separation and divorce, the former partners must agree on the division of household items. This refers to those movable items that are used for living together and the joint lifestyle. This includes furniture, kitchen appliances, pictures, televisions, books, boats or caravans, for example. Anyone who removes household items without authorisation despite a legal prohibition may even risk claims for damages from their ex-partner.

The law distinguishes between the provisional settlement during the separation period and the final settlement as part of the divorce. In both cases, the transfer and allocation of household items is carried out by means of a so-called real division in accordance with the principles of equity. The items are divided equally between the spouses. An equalisation payment can only be demanded in exceptional cases.

There is a legal presumption that household items purchased for the joint household during the marriage are the joint property of the spouses. It does not matter who paid for the purchase. The spouses are obliged to divide the household items by mutual agreement. Neither spouse may remove household items from the marital home and move them to their new home against the will of the other.

Conclusion: amicable solutions save time and money. They are always preferable to legal disputes after the separation.

(Photo: © Simona, Pixabay)