Living together under one roof: Legal tips on living separately in the marital home during the year of separation (OLG Frankfurt)

1. introduction

Living apart in the shared matrimonial home is a common phenomenon in divorce proceedings and presents family lawyers with complex challenges. This article explains the legal framework of living apart and integrates current case law to provide a comprehensive understanding of the matter.

2. legal definition and requirements

According to Section 1567 (1) of the German Civil Code (BGB), living apart is deemed to exist if there is no domestic partnership and at least one spouse rejects it. This is also possible within the shared home, whereby the partners must lead separate lives. This includes:

• Spatial separation: Separate sleeping areas and individual use of shared rooms.

• Economic separation: Independent management and financing of your own living expenses.

• Social separation: No joint social activities and a clear separation in everyday behavior.

3. case study: OLG Frankfurt a.M. v. 28.3.2024 - 1 UF 160/23

In a recent decision, the Higher Regional Court of Frankfurt am Main shed light on important aspects of living separately within a home. In the case in question, the spouses continued to live together with their three children despite their separation and disputed the time of separation for the duty to provide information on the separation assets pursuant to Section 1379 BGB. The court found that occasional shared meals or shopping for the other person did not prevent the assumption of separate living as long as these activities were deemed to be insignificant for the marital cohabitation.

4 Practical challenges and possible solutions

The implementation of living separately under one roof requires careful planning and clear agreements. The court decision emphasizes that a clear separation of living arrangements is possible despite the physical proximity. This requires:

• Clear agreements: Agreements on the use of premises and shared resources.

• Transparent communication: Open discussions about needs and expectations, especially when children are involved.

• Evidence: Documentation of the separate living arrangements by witnesses, receipts and other verifiable means.

5. conclusion

The decision of the Higher Regional Court of Frankfurt a.M. makes it clear that living separately in the marital home does not require complete physical separation, but rather a maximum separation of the living areas corresponding to the spatial situation.