Threatening husband must renounce marriage residence

Oldenburg Higher Regional Court: Due to the risk situation Mrs. Wohnung is responsible
If an undressed husband threatens his wife to a considerable extent, he can not claim the common marriage apartment later on. Due to the vulnerability situation for the wife, the assignment of the apartment to these may be proportionate, the Higher Regional Court (OLG) Oldenburg decided in two resolutions announced on Monday, May 29, 2017 (Ref .: 4 UFH 1/17 and 4 UF 12/17 ).

If married couples separate, according to the law, a court can award the joint marriage residence to only one parent in order to prevent "undue hardship". This is the case, for example, if the children also live in the home and their well-being in the home would be impaired.

(Image: kite_rin / fotolia.com)

In the now decided case, however, children played no role. Here, the husband had initially moved out of the community marriage apartment, but then wanted to move again. However, the district court ruled that the wife can stay alone in the apartment.

The husband considered this unfair. His wife was guilty of the quarrel. She had provoked him and truthfully claimed that he had withdrawn money from their account.

However, in its decisions of 31 January 2017 and 29 March 2017, the Higher Regional Court affirmed that the wife could claim the flat on her own. The husband had threatened her on her answering machine considerably and even broke the patio door to gain access to the apartment. He also referred to his previous work with a police task force.

Therefore, the district court was right to assume that he would also implement his threats. Due to the vulnerability of the wife, the assignment of the apartment to this is also proportionate. Living with her husband was not reasonable for her. The man could move in at short notice with his parents. fle / mwo