After a separation: Who is allowed to stay in the apartment – and when the landlord has a say

  • termination of one rental apartment
  • judicial decisions
  • Excerpt of the spouse
  • Propertyapartments
  • Conclusion

While at first you may feel that love will last forever, this can wear off over time. There are many reasons for a breakup. If this happens, it is usually a big emotional one challenge for both parties. But it is not only about coping with the arising feelings as well as possible: Also organizational matters need to be regulated. Did you live together in an apartment? question: Which of the two has to look for a new place to live?

The options after a breakup

Basically, if both you and your partner are in the contract as tenants, both are same right to stay in the apartment. In that case, one applies mutual agreement to find. An exception is when violence is involved. In that case you can protection against violence appeal against your ex-partner. The person against whom the injunction was filed may apartment the injured person no longer enter and, depending on the case, no longer stay in a certain area of ​​the apartment.

Having reached an agreement, however, does not mean that the matter is fully settled. After that, it still has to clarified with the landlord will. In principle, it is possible for the latter to insist on his two tenants. This gives him/her increased security that the rent will be paid.

It is therefore not possible for one person alone to terminate the existing contract. One so-called partial termination can only be carried out with the consent of the lessor. If partial termination is not approved, the contract must be terminated together; there is often the option of concluding a new contract.

Settlement in court and settlement of property

Cases due to an impossible agreement in court come are usually decided so that so-called avoiding undue hardship will. This means that in the case of couples with children, for example, the partner who is primarily responsible for looking after the offspring can keep the apartment. If there are large differences in assets or if you are ill, these aspects can also play a role in the decision-making process.

Are you spouses and cannot find a mutual agreement, the decision will be made at the latest when the divorce is filed family court met. To Section 1361b of the BGB, one of the spouses can demand that the apartment be given to him/her, insofar as this is necessary in order to avoid undue hardship. The landlord must also accept the decision of the family court. It is irrelevant whether the person who is allowed to stay in the apartment was previously a tenant or not: he/she becomes the sole tenant. If the ex-partner refuses to go, it can lead to an emergency legal action come.

Are you owners of the apartment, the situation looks a little different. Regardless of which shares are noted in the land register: Both of you have the same right of residence in the house or apartment. Ideally, one applies here too mutual agreement to find. If you and your ex-partner cannot come to an agreement, the case has to go to court. In the worst case, it can happen that you die Sell ​​or auction property must. If your ex-partner is allowed to stay, he*she must give you compensation replacement to count. As a result, it may become impossible for the stayer to continue to afford the property. If you still have an unpaid real estate loan, the installments must continue to be paid by both of you. It is best to find out more about how you can get one of yourselves out of the loan agreement can delete.


In summary, it can make sense for you and your partner to already upon moving in to consider what you would do in the event of a breakup. As a married couple, you could have corresponding regulations, for example in Marriage settlement note, as an unmarried couple, the equivalent of buying a property would be the so-called partnership contract. This will save you both potential arguments and court proceedings after a breakup.

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