Distribution of household items in case of separation Decision

If you are married or in a registered partnership but live separately, you can request a distribution of household items for the period of separation.

If you cannot agree with your separated partner on the distribution of household items, you can assert a claim for distribution of household items in court.

The family court will decide on the application at your local court with local jurisdiction. In Hesse, not all local courts have family courts (§ 5 of the Jurisdiction of Justice Ordinance). You can find the local court with local jurisdiction for you via the Federal and State Justice Portal.

Below you will find the local courts responsible for you with further contact options and service hours.

• where applicable, proof of ownership of household items
• If applicable, inventory list of household items with the respective ownership structure and, if applicable, the distribution idea in the event of a later divorce, countersigned by your marriage or partner
• if applicable, evidence of the circumstances relevant to the assessment of equity, e.g. medical certificates

• Forms: none
• Online procedure possible: no
• Written form required: yes
• Personal appearance required: yes

As a spouse or partner, you are entitled to the distribution of household items if

• you cannot agree on the distribution of items,
• you are a separated marriage or partner,
• the matters in dispute are household items;
• the object belongs to you personally,
• You do not have to leave the item to your partner for use, as he or she needs the item to run a separate household.
• Items common to the partners shall be distributed between them in accordance with the principles of equity.

• Appeal according to §§ 58 ff. FamFG against the family court decision within one month

An application for the distribution of household items in the event of separation must be submitted to the competent district court – family court – pursuant to §§ 201 et seq. FamFG.

• In order to facilitate its decision pursuant to Paragraph 206(1) of the FamFG, the court may impose an obligation on each of the spouses to provide information.
• The court should discuss the matter with the spouses in an appointment. It is intended to order the personal appearance of the spouses.
• The court decides on the distribution of household items by order. It may fix an appropriate remuneration for the use of household items.

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

At least 3 months due to the given procedure, in more complex procedures possibly longer, depending on the individual case.

• Legal expenses
• if applicable, lawyer's fees
• both depend on the value of the object

For information on separation, see