Separation and Rental Agreement

Upon separation or divorce, the right to the rental agreement can become a central point of dispute. For married couples, the matter is regulated by the Marriage Code, and the rental right is included in the property division. The spouse who most needs the dwelling — often the one with custody of children — can be assigned the rental right. The court makes a needs assessment where the best interests of the children carry significant weight.

For cohabiting partners, the Cohabitants Act applies, where similar principles are used. The partner with the greatest need can take over the contract regardless of who originally signed it. If the person taking over the rental right is not on the contract, the landlord's approval is required, but it cannot be denied without objective grounds. During an ongoing separation, both parties have the right to remain until the property division is complete. Interim decisions can be issued by the court if the situation is urgent.