| Fachwort |
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| Deutsch | habitation | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | habitation |
| Inhalt | fehlt |
Status: | |
| Worttyp | fehlt |
| BGB 1361b. 1 If the spouses are living apart or if one of them wishes to live apart , one spouse may demand that the other permit him the sole use of the matrimonial home or of part of the matrimonial home , to the extent that this is necessary , taking account of the concerns of the other spouse , in order to avoid an inequitable hardship . An inequitable hardship may also exist if the best interests of children living in the household are adversely affected . If one spouse alone or together with a third party is entitled to the ownership of or a heritable building right or usufruct in the plot of land on which the matrimonial home is situated , special account must be taken of this ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land . |
| BGB 1666a. 1 Measures which entail a separation of the child from its parental family are admissible only if the danger cannot be countered in another way , not even through public support measures . This also applies if one parent is temporarily or for an indefinite period to be refused use of the family home . Where a parent or a third party is refused the use of the home in which the child also lives or of another home , then when the duration of the measure is assessed it should also be considered whether this person has the ownership , a heritable building right or usufruct in the plot of land on which the home is located ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land , or if the parent or third party is the lessee of the home . |
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