Am I allowed to move out of the shared apartment during the separation phase?
September 28, 2022 | 30,00 EUR | answered by Alexander Hartmann
Dear lawyer,
My name is Ammelie Beck and I am currently facing a difficult situation. My partner and I have decided to separate, and we are still living together in our shared apartment. The atmosphere is very tense and it is difficult for both of us to manage everyday life together. I feel that moving out is necessary for me to clear my head and better process the separation.
My concern, however, is that I may not be able to simply move out of the shared apartment without his consent. I do not want to cause any legal problems and therefore I would like to know if I have the right to leave the apartment during the separation phase, even if my partner does not agree.
I am aware of the importance of considering all legal aspects and do not wish to get into an unpleasant legal dispute with my partner. Are there any ways I can legally secure my move out? What steps should I take to protect my rights and avoid trouble?
I hope you can help me with this difficult decision and provide me with clear information about my rights and obligations during the separation phase.
Thank you in advance for your support.
Sincerely,
Ammelie Beck
Dear Mrs. Beck,
Thank you for your inquiry regarding your situation during the separation phase. As a divorce lawyer, I can assist you and provide you with some important information about your rights and obligations.
First and foremost, it is important to know that you generally have the right to leave the shared residence, even if your partner does not agree. In Germany, the right to freedom of personal development applies, which includes the right to determine one's place of residence. This means that you are not automatically bound to the shared residence, even if both of you are tenants or owners.
However, there are some things you should consider in order to legally secure your departure and avoid potential problems. First, you should have a conversation with your partner and try to find an amicable solution. If he agrees to your departure, you can come to an agreement together, for example regarding the division of household items or rental payments.
If your partner does not agree or conflicts arise, I recommend seeking legal advice. You can contact a family law attorney who can help you uphold your rights and represent your interests. The attorney can also assist you in creating a mutual separation agreement that addresses important issues such as support, custody, or the use of the shared residence.
It is also advisable to consider your financial situation early on and possibly assess entitlement to support. For example, if you are financially dependent on your partner, you may be entitled to separation support. Your attorney can assist you with this and guide you on what claims you can make.
Overall, it is important to be well-informed and seek legal assistance during this difficult phase to prevent potential legal issues. I hope my information has been helpful to you, and I wish you all the best during the separation phase.
Sincerely,
Alexander Hartmann, Lawyer
