Even if a wife has another registration address abroad, this does not preclude her from living in an apartment in Germany together with her husband (Amtsgericht Frankfurt am Main, Urt. v. 17.03.2022, 33 C 2294/21 (29)). This was recently decided by the Frankfurt am Main Local Court.
In the present case, a husband had died in 2020. The son informed the landlady of this and requested that she provide a confirmation of residence for his mother. The landlady, however, terminated the tenancy and sued for eviction from the apartment. The reason for this was that, in her opinion, the wife had not run a joint household with her husband and had never been seen by the neighbors.
The action for eviction was unsuccessful, as the court was convinced of the existence of a joint household. The taking of evidence had shown that the defendant also had a registered address in Turkey. However, this only served to facilitate the conclusion of legal transactions during longer stays abroad. In addition, the defendant had been able to explain her secluded lifestyle in a comprehensible manner. The decision is not yet final.
Source: ordentliche-gerichtsbarkeit.hessen.de/AZ: 33 C 2294/21 (29)
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