Separation with consequences: Landshutin escalates and ends up in court!

A 22-year-old Landshuter currently sees herself in court after she was separated from her partner in the summer of 2023. This separation meant that the young woman was referred to the shared apartment. Her defense lawyer, Dagmar Ciccotti, reported that the client initially cleared the field, but the situation then escalated heavily. The interference of the father of those willing to separate played a crucial role in this when it came to publishing the remaining possessions of the 22-year-old.

A crucial point in this argument was the way the personal things of the Landshuterin were cleared. These were placed on the street in plastic bags when rain, which also fueled the situation. Such circumstances raise important questions that are also dealt with in articles by Haufe, where it is about the judicial assignment of the apartment when separating. There it is explained that the question often arises when separating, who has to move out of the shared apartment.

legal background

The decision to allocate the marriage apartment is usually made by divorce. During a separation period, however, the remaining in the apartment can be clarified under certain conditions, as explained in the article by Haufe. Here, reference is made to § 1361b BGB, which can regulate a transfer of the marriage apartment for sole use in order to avoid unreasonable hardship. Such hardships can arise, for example, by ill -treatment or constant disputes that are particularly relevant in stressful family situations.

The child's welfare also plays a central role, especially when children live in the household. Delivered Haufe that the marriage apartment can also be assigned to the supervising spouse to protect the well-being of the children. These legal framework is important in order to take into account the various aspects of apartment allocations between partners in the event of separation.