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Threatening husband has to give up marriage home


OLG Oldenburg: Ms is entitled to apartment because of the risk situation
If a husband who has moved out threatens his wife to a considerable extent, he cannot claim the marriage home for himself later. Due to the dangerous situation for the wife, the assignment of the apartment to her may be proportionate, the Higher Regional Court (OLG) Oldenburg decided in two orders announced on Monday, May 29, 2017 (Az .: 4 UFH 1/17 and 4 UF 12/17 ).

If spouses separate, according to the law, a court can only give the joint marriage home to one parent in order to prevent "undue hardship". This is the case, for example, if the children also live in the apartment and their well-being would be affected if they moved out.

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

The husband thought this was unfair. His wife was to blame for the marriage dispute. She provoked him and falsely claimed that he had withdrawn money from her account.

However, the OLG confirmed in its decisions of January 31, 2017 and March 29, 2017 that the wife could claim the apartment alone. The husband had threatened her on her answering machine and even opened the patio door to gain access to the apartment. He also referred to his previous job with a police force.

The local court had therefore rightly assumed that he would also implement his threats. Due to the risk situation of the wife, the assignment of the apartment to her was also proportionate. Living with her husband is unreasonable for her. The man could move in with his parents again at short notice. fle / mwo

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