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Dividing household goods at separation: who owns what?

At separation the question quickly arises of who may keep which furniture and items. Everyone keeps personal things; jointly acquired household goods are distributed according to fairness. Special rules apply to household goods during the separation, which are to be kept separate from the later equalization of accrued gains.

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During the separation, each spouse can demand the return of the items belonging to them; joint household goods are divided according to fairness, whoever needs them more urgently can keep them (§ 1361a BGB).
Personal items (clothing, personal keepsakes, work-related items) stay with their owner. An amicable list spares lengthy dispute and costs.

What you should do now

  1. 1

    1. Clarify ownership

    Separate what belongs to someone alone (brought in, gifted, inherited) from what was jointly acquired.

  2. 2

    2. Consider need

    With joint household goods, what counts is who needs them more urgently, such as the parent with whom the children live.

  3. 3

    3. Create a list

    Create a division list together. That creates clarity and prevents later accusations.

  4. 4

    4. Settle disputes in court

    If no agreement is reached, the family court can decide on the distribution of household goods.

How to spot the scam

  • One partner secretly takes all the joint household goods.
  • The other's personal items are withheld.
  • Household goods and the equalization of accrued gains are mixed up.

Frequently asked questions

Who gets the furniture at separation?

Personal items and items belonging to one alone stay with their owner. Jointly acquired household goods are distributed according to fairness: whoever needs them more urgently can keep them, such as the parent with whom the children live (§ 1361a BGB).

What counts as household goods?

Items that serve the shared living: furniture, household appliances, dishes, often also the family car if it was jointly used. Purely personal or work-related items do not belong to the joint household goods.

What if we cannot agree?

Then the family court can arrange the distribution of the household goods. An amicable list is almost always faster and cheaper, though. Keep the household-goods question separate from the equalization of accrued gains, which concerns the assets.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.