After a breakup, whoever gets the apartment

Who will take over the apartment in the event of a divorce?

Spouses separate, so hang out numerous financial disputes on it. But also those during marriage shared apartment can turn out to be great Controversial issue develop. But who has to move out in the event of a divorce? Can the lease be easily transferred in the event of a divorce? And when is a Apartment allocation procedure makes sense? Find out more in the following guide.

Divorce & living together - which aspects need to be considered?

What happens to the marital home in the event of divorce or separation?

What happens to a shared apartment and rental agreement after a divorce?

A separation is particularly also with regard to the Living conditions not so easy to implement. Especially in metropolitan areas the Housing market not much leeway, and if so, then that too Money a little tight due to maintenance payments is measured, the search for an apartment is even more difficult.

Further advice on the subject of housing:

But: stay in your marital home despite separation and the impending divorce? That appears whether possible differences and the provisions on the year of separation ("sharing table and bed") are not a real way out. But who has a right to the apartment during and after divorce? Who has to move out now? A general answer is not possible here.

In principle, the spouses should agree on this themselveswho should stay in the rented apartment in the event of separation or divorce. Above all, the personal and financial circumstances, the wishes of the children, etc. must also be considered.

Divorce ahead, but who has to move out?

Do the spouses common childrenso it is usually appropriate that the single spouse remains in the same family homewhile the other moves out. Above all, this should also be the case Child welfare serve. This enables the children to stay in their familiar surroundings. This can make the separation process, which is grueling even for the little ones, more bearable - because life does not change in one fell swoop.

But whether there are children or not: In principle, the tenancy itself has no influence on the decision of who is allowed to stay in the rented apartment or not. This should only be finally clarified in the course of the divorce proceedings or in a separation and the consequences of divorce agreement. A sole main tenant does not automatically have the right to expel the other spouse from the home.

Separation and divorce: leaving your apartment and still paying rent?

Divorce threatens: who is moving out?

Stand both spouses in the lease, they are both liable for the full rent, not just part of it. If the spouse separates and one of them moves out, this can lead to some problems - especially with regard to financing.

Because: The person who moved out is still in the lease. If the spouse remaining in the apartment does not pay the rent on time or in full, the ex-partner can also be held liable by the tenant for the debts.

If the person moving out has rent debts, the search for an apartment quickly becomes particularly difficult due to the new regulations governing new landlords Rental debt exemption certificates are to be submitted.

But basically the spouse moved out is not obliged to do soto keep paying the rent, without a corresponding consideration to be able to demand.

In the event of an impending divorce, the spouses' apartment can influence the separation process in different ways:

Spouse who has moved out continues to pay rent

If the spouse remaining in the apartment demands that the person moving out continue to pay the rent - for example because he cannot pay for it himself - the payer can do so Credit services against possible maintenance obligations.

When calculating separation maintenance, the ex-partner who continues to pay can pay the costs beforehand deduct from net income. This can also be done with half rent payments. The entitlement to separation maintenance for the other spouse is then automatically reduced by half of the rent paid. It is therefore not an additional liability to be paid.

If the credit does not take place, the payer can do one appropriate compensation claim back from the spouse who lived in the apartment at least until the divorce - also for half of the payment. Because both are tenants in equal parts, so that the person who moved out also has to bear a share in it.

At the latest with Legal force of the divorce the right to continued rent payment may otherwise expire. However, if both former spouses are still in the lease after the divorce, they will continue to be fully liable.

Spouse remaining at home refuses to pay

If there is still no binding agreement on how to proceed with the shared apartment, one of the parties has already moved out, the other cannot simply refuse to pay and refer to his or her spouse.

The former partner who moved out is also liable for the outstanding rental costs, but: Even an outstanding rent is enough for the landlord to cover the To terminate the tenancy in case of doubt. Then only debts remained, but both parties would have lost the apartment.

Danger: The tenancy cannot be terminated by just one spouseif both are in the lease and the other spouse does not consent to the termination.

Contract amendment

However, the spouses can also decide to do so together with the tenantto change the rental agreement. Then the spouse who maintains the apartment up to and beyond the divorce could consider himself / herself Register sole main tenant.

But beware: The landlord is not obliged to agree to such an amendment to the contract. Especially not if this would result in significant disadvantages for him, for example due to the new main tenant's income being too low.

If in doubt, try to get an apartment allocation procedure

Have you got into an argument about moving out of your marital home? Going beyond the divorce, does the ex-partner think that you have to pay for the apartment even though you have moved out? Or does the landlord not want to agree to an amendment to the contract?

In case of doubt, the court can also decide who has to leave the apartment in the event of a divorce.

There is also the possibility of to submit an application for apartment allocation to the competent court. The court then examines the circumstances. As a rule, it decides either in favor of the single parent or - especially in the case of childless couples - in favor of the spouse who is financially able to maintain the apartment on his own.

The court may also determine, when allocating the apartment before and after the divorce, that the Lease changed accordingly shall be. The landlord cannot simply block this.

If you are unsure what rights and obligations you have in the event of separation and impending divorce with regard to an apartment or a lease, you can seek advice from a family law attorney. This can show you different variants and make it easier for you to make a decision.
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Who will take over the apartment in the event of a divorce?
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