The translation of "Sonstiges" to English is "Miscellaneous".
October 5, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Hello,
My husband and I jointly own a house. Last year we separated and I moved out. My husband still lives in the house. Can I enter the house without his permission? Or do I need to notify him beforehand?
He kept the joint car (registered in his name). Does it belong to him in this case? He lent the car to someone for a few days. Can he lend the car to others without my consent?
Thank you.
Kind regards,
Nieves Treig
Dear seeker of advice,
First of all, thank you for your inquiry, which I would like to answer as follows:
You mentioned that the car is a shared vehicle. If you could prove that you are a co-owner of the vehicle, then your husband would need to obtain your consent before lending the car.
However, this would only be the case if you were indeed a co-owner. According to your description, the car is registered in your husband's name. If he also purchased the car, meaning the sales contract is in his name, then this strongly indicates sole ownership on his part. In this case, you could only prove co-ownership if you had evidence of a gift of half the vehicle.
The situation with the house is clearer. You are indeed a co-owner, so he cannot claim sole possession of the house without your permission. In this context, you should notify him before visiting.
If your husband denies you access to the house, you should remind him of the legal situation and, if necessary, consider appointing a colleague on site to represent your legal interests.
As a co-owner of the property, you have the right to demand the dissolution of the co-ownership at any time. This is typically done through a partition auction, where the property is auctioned off and the proceeds are divided among the co-owners, you and your husband.
Any co-owner can request a partition auction, even without the consent of the other co-owner.
I hope my explanations have been helpful to you. Feel free to contact me through the follow-up option on this platform or via my email address.
I would like to emphasize that my legal advice is based solely on the information provided by you. My response is only a preliminary legal assessment and should not replace a full evaluation of the situation. Adding or omitting relevant information can lead to a different legal outcome.
Have a pleasant day.
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
