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Can I stay in our family dwelling?

In case of conflict, i.e. if the parties  cannot agree on who should move out of the shared family dwelling , the local district court for marital affairs (if you are married) will adjudicate  on this matter.

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The local district court decides at its own discretion, taking into account the specific circumstances and the weighing-up of the interests of both the parties, in order to reach a suitable  settlement under the given circumstances. The district court decides on the basis of expediency and, in principle, irrespective of who is the owner or tenant of the family dwelling.

If you have mutual children, the best interests of the children are the most important factor in the allocation of the family dwelling . They should not be torn away from their familiar environment by your separation and should not  have to change schools. Thus, the allocation of the family dwelling  is closely related to the allocation of custody of the children and this means that, in principle, the parent who is awarded the  custody of the children may remain in the family dwelling.

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If you do not have mutual children, aspects of a professional- or health -nature are in the foreground (e.g. exercise of profession, special building-construction measures or installations in case of invalidity, etc.). Secondly, other neighbourhood interests (closeness of  the family dwelling  to the workplace) are taken into account. If this balancing of interests does not lead to a result, in case of doubt, the ownership situation, or who is the tenant of the family dwelling will also be taken into account.

If, after examining all these aspects, it still remains unclear who is more dependent on the family dwelling, the ownership- or the renter aspects are to be taken into consideration.