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=S=> 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 .
=S=> BGB 1361b. 2 If the spouse against whom the application is directed has unlawfully and intentionally injured the body , health or liberty of the other spouse or unlawfully threatened such an injury or injury to life , then as a general rule sole use of the whole home is to be permitted . The claim to permission of use of the home is excluded only if no further injuries and unlawful threats are to be feared , unless the injured spouse cannot be expected to continue living together with the other by reason of the severity of the act .
=S=> BGB 1361b. 3 If one spouse has been permitted the use of the matrimonial home in whole or in part , the other spouse must refrain from everything that is suitable to render more difficult or defeat the exercise of this right of use . He may demand from the spouse with the right of use payment for the use , insofar as this is equitable .
=S=> BGB 1361b. 4 If , after the spouses commence living apart in the meaning of section 1567 ( 1 ) , a spouse moves from the matrimonial home , and if within six months after moving out he has not notified the other spouse of a serious intention to return , it is irrebuttably presumed that he has permitted the spouse who remained in the matrimonial home the sole right of use .
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