Wegweiser Separation & Divorce Deutsch

🏠 Separation within the shared home

You can legally live separately even without moving out – if the shared household visibly ends. What this requires and how to prove it later.

Living separately Separation from table and bed Shared household § 1567 BGB Allocation of the home

In brief

You do not have to move out to start the year of separation. Living separately "from table and bed" is also possible within the same home if there is no longer a shared household (§ 1567 Abs. 1 Satz 2 BGB). This means: separate sleeping areas, no joint housekeeping, no providing for each other (no cooking or washing for each other) and, as far as possible, separate finances.

If you later want to divorce, you must, if in doubt, be able to explain and if necessary prove from when this domestic separation existed. It is therefore worth organising everyday life accordingly early on and documenting important steps.

Step by step

  1. Separate roomsSeparate bedrooms, if possible separate areas of the home.
  2. Separate the householdNo cooking, washing or shopping for each other – everyone looks after themselves.
  3. Separate financesKeep your own accounts, close joint accounts where possible or revoke authorisations, split ongoing costs.
  4. Communicate the separationState the separation clearly – the intention to separate must be recognisable to the outside, not merely exist inwardly.
  5. Secure evidenceDocument the date, for example through messages to third parties or witnesses from your circle.

Deadlines

No fixed requirement
The law prescribes no specific deadline by when the domestic separation must be "complete" – what matters is the actual and recognisable ending of the shared household§ 1567 Abs. 1 BGB
1 year
From the date of separation made credible, the year of separation runs as with a separation involving moving out§ 1566 Abs. 1 BGB
Watch out – common mistakes
  • Anyone who continues to cook, wash or eat together risks a court regarding the shared household as continuing – this delays the start of the year of separation.
  • A separation "on paper only" without real implementation in everyday life often does not withstand court scrutiny.
  • If the situation in the home escalates or violence threatens, your protection takes priority over staying in the shared home – contact the police or an advice centre.
  • If there is disagreement about who stays in the home during the separation period, the family court can be asked for a temporary allocation of the home – see the topic page on marital home and household goods.
In depth · legal basis, figures and practice – for advisers and professionals

Case law on the shared household

For living separately in the shared home, case law requires a recognisable separation "from table and bed": no joint housekeeping, no providing for each other, as a rule separate sleeping areas. What matters is an overall assessment of the objective circumstances and the recognisable subjective intention to separate of at least one spouse (§ 1567 Abs. 1 BGB).

Questions of evidence

If the other spouse disputes in the divorce proceedings that you lived separately or when it began, the petitioner must prove it. Indications include, for example, one's own bank statements, separate registered addresses (where available), witness statements from the personal environment, or a message by which the separation was declared.

Who is responsible
  • Family court (checks the requirements of living separately in case of dispute)
Further reading
Year of separation: requirements and exceptionsMarital home and household goods on separationDivorce petition and course of proceedings

Quick questions

Worum geht es bei „Separation within the shared home“?
You can legally live separately even without moving out – if the shared household visibly ends. What this requires and how to prove it later.
Which deadlines and figures matter?
  • No fixed requirement: The law prescribes no specific deadline by when the domestic separation must be "complete" – what matters is the actual and recognisable ending of the shared household (§ 1567 Abs. 1 BGB)
  • 1 year: From the date of separation made credible, the year of separation runs as with a separation involving moving out (§ 1566 Abs. 1 BGB)
What should I do first?
  • Separate rooms: Separate bedrooms, if possible separate areas of the home.
  • Separate the household: No cooking, washing or shopping for each other – everyone looks after themselves.
  • Separate finances: Keep your own accounts, close joint accounts where possible or revoke authorisations, split ongoing costs.
What do I need to watch out for?
  • Anyone who continues to cook, wash or eat together risks a court regarding the shared household as continuing – this delays the start of the year of separation.
  • A separation "on paper only" without real implementation in everyday life often does not withstand court scrutiny.
  • If the situation in the home escalates or violence threatens, your protection takes priority over staying in the shared home – contact the police or an advice centre.
Evidence
  • § 1567 BGB (gesetze-im-internet.de)
  • § 1566 BGB (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.