Even if a wife has another registration address abroad, this does not preclude her from living in an apartment with her husband in Germany (Amtsgericht Frankfurt am Main, Urt. v. 17.03.2022, 33 C 2294/21 (29)). This was recently decided by the Local Court of Frankfurt am Main.
In this case, a husband died in 2020. The son informed the landlady of this and requested a landlord's confirmation of residence for his mother. However, the landlady terminated the tenancy and sued for eviction from the apartment. The reason for this was that, in her opinion, the wife had not shared a household with her husband and had never been seen by the neighbors.
The action for eviction was unsuccessful because the court was convinced of the existence of a joint household. The taking of evidence revealed that the defendant also had a registration address in Turkey. However, this only served to facilitate the conclusion of legal transactions during longer stays abroad. In addition, the defendant was able to explain her withdrawn lifestyle in a comprehensible manner.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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