Kann ich meinen noch Mann aus der gemeinsamen Wohnung werfen?

Hi.

Ich hoffe, mir kann jemand helfen…mein noch Ehemann ist ein starker Alkoholiker (ca 1,5 Flaschen vodka am Tag)…ich kann es nicht mehr ertragen…immer wieder, habe ich ihn ins Krankenhaus begleitet, sei es durch sein krampfanfall oder weil er einfach zuviel hatte…auch einem Entzug hatte er schon durch aber er kann es einfach nicht lassen und will es auch nicht.

Wir haben 2 Kinder zuhause und ich muss darauf reagieren!

Ich will das alles nicht mehr, so leid es mir tut aber er “muss” weg, wir brauchen endlich unsere ruhe.

Meine Frage ist, kann ich ihn überhaupt rausschmeißen?

Mietvertrag, läuft über uns beide…und ich selber, bewerbe mich bei jeder Wohnung aber bislang ohne Erfolg.

Seit 9 Monaten, ziehe ich mir die scheiße nun rein, immer wieder habe ich gehofft und wurde dennoch enttäuscht…wir waren fast 16 jahre zusammen und verheiratet aber er will ja auch lieber trinken, anstatt sei leben geschissen zu bekommen.

Seit 8 Tagen, sind wir nun getrennt und es interessiert ihn nichtmal.

Er liegt den ganzen Tag nur rum und steht nur zum trinken oder klogang auf, dem ganzen Rest: Haushalt, Kinder, arbeiten, Tiere bla bla bla geht auf mich…ich möchte doch nur endlich ruhe für uns haben. 🥲

Es tut mir leid, für den langen Text…ich weiß nicht weiter.

(4 votes)
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Emelina
1 year ago

Hello, Purtina,

during the separation phase, you can ask your still husband to withdraw from the shared apartment. Because:

It’s you and especially your children not to suspect that as an alcoholic he continues to live with you in the same household. This would be a “unreasonable hardness”. You can go to the family court Housing allowance for you and the children. Your partner is thus obliged to move out.

It is in law Civil Code (BGB) § 1361b Marriage in Separated Life regulated:

(1) If the spouses live separate from one another or if one of them wishes to live separately, then a spouse may require that the other to leave the spouse’s apartment or part for his own use, as far as this is necessary also taking into account the concerns of the other spouse in order to avoid unreasonable hardness.
Unreasonable hardness can also be given if the welfare of children living in the household is impaired.

(3) If the spouse has been left completely or partially to a spouse, then the other person has to refrain from all that is appropriate to complicate or deny the exercise of this right of use…

https://www.gesetze-im-internet.de/bgb/_1361b.html

More detailed information can be found here:

https://www.separat.de/wohnungszuweisung-nach-separat.html

Take one Lawyer for Family Law. He can help you enforce your claims. You need him for divorce anyway…

LG Emelina

Emelina
1 year ago
Reply to  Purtina

Thanks for the star 😊

Liverpool1
1 year ago

Look for an attorney for family law and let you advise. on the sole use of the marital apartment and make sure that he comes out. may be that you become dependent on him if he is not working due to his addiction.

Sunnyday1981
1 year ago

As long as both are in the lease, you can’t put him in the door.

You’d have to take off yourself to get rid of him. Nothing goes before.

Sunnyday1981
1 year ago
Reply to  Purtina

Yeah, no matter how much he drinks.

As long as he does not pose a danger to you or the children, you cannot refer him to the apartment. The police can remove him for 10 days when he gets handcuffed.

Emelina
1 year ago
Reply to  Sunnyday1981

As long as both are in the lease, you can’t put him in the door.

That’s not true. If there is a “unreasonable hardness” then it can do it very well. The risk of child welfare by the father’s alcoholism is an unreasonable hardness. Thus, an application for apartment assignment is made to the family court.

Sunnyday1981
1 year ago
Reply to  Emelina

That’s why I gave the counsel to the lawyer. He’ll help her.

Sunnyday1981
1 year ago

Other:

I wish you a lot of strength and happiness.

Sunnyday1981
1 year ago

I have seen how ugly a divorce from an alcoholic can be (My parents). I therefore know how important it is to keep everything important safe. My father burned all important papers from frustration (eheury, masterbook, financial documents). Good thing my mother had about almost all copies.

Sunnyday1981
1 year ago

What you could try would be a consultation with a divorce attorney. He can tell you what you can do. Advice is not so expensive either.

Alternatively, you could contact the youth office and say you need help because your husband is a threat to your children. (This is also good for a divorce when you get help from yourself. Also with regard to custody)

You should document everything. (When he drinks, how much, etc) Everything he does. In the form of lists / photos etc.

The more you have in your hand, the easier you have in the divorce war later.

The same applies to important papers. Make copies and hide them (e.g. in the basement or with your parents).

Who knows what kind of ideas he’ll get in the suff.

Ille1811
1 year ago

Hello!

If you’re married, you wouldn’t be able to throw your husband out of the joint apartment if the house was yours.

I was in exactly the same situation as you today many years ago. I went to Al-Anon, a self-help community for members and friends of alcoholics. Browse the page http://www.Al-Anon.de whether it’s yours.

Because of my changed behavior, my husband could get dry.

GrandVoyager
1 year ago

This doesn’t answer your question, but try a compromise and tell him if he doesn’t move from Vodka to beer and then, after a few weeks, he walks on Radler and then even mixes the cyclists with more and more water until he is dry. If that doesn’t work, you can still implement your plan.

However, if you don’t want to plant it sober, it’s obviously not a solution.

GrandVoyager
1 year ago
Reply to  Purtina

Then there is still the possibility for people with enough “small money” to rent a log cabin in Canada, far from civilization and only with enough food and a radio for 3-6 months and get dry there, at least this has made a friend of my family and has not only got rid of his addiction, but has also significantly improved humanly.

Sunnyday1981
1 year ago
Reply to  GrandVoyager

Alcohol is a addiction. Threats and reality do not go on. He’s sick and needs help. With logic you can’t get against a addiction. The alcohol will always win with him and she’ll break it.

He seems to have resigned, so a compromise on sobriety will no longer mean anything to him.

There’s only a way to escape. The faster the better. He’ll bring her to death…

GrandVoyager
1 year ago
Reply to  Sunnyday1981

How I abhor such puschalizing statements, therefore here a little insight into real life; If one does not face the challenges in life, it should be done just as well that one is being followed by the difficulties one wanted to face in a partner exchange, only in a different form/ manifestation – and I do not write that because this has to happen to the FS, but only to show one of many ways to make you realize that this black-and-white product is totally counteractive.

GrandVoyager
1 year ago

I once met an alcoholic in New Zealand at tramping, who was already in the future stage he was abandoned by Famile and friends and was so socially finished that he had invested his last money in the trip and a used car (to sleep in it) on site and the cheapest fusel that it had to buy for little money also drank during car driving. Maybe you should recommend this to your husband to try out a life as a small taste, so that he can experience what awaits him in about 3-5 years if he continues.