Separated, and husband wont let me stay

38 posts in this topic

Hi

I am an american who has been separated with german husband since Feb 2020 and want to come back to live and work in Germany. He says he needs me to sign stuff, etc but i have no money or no living quarters unless he lets me stay until I can find a job and move out. i will have some money, but not enough to support myself. Are there any legal rights to this situation?

 

Thanks

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9 minutes ago, lilyluv said:

I am an american who has been separated with german husband since Feb 2020 and want to come back to live and work in Germany.

 

Come back? Are you currently in Germany?

 

10 minutes ago, lilyluv said:

but i have no money or no living quarters unless he lets me stay until I can find a job and move out.

 

In case you've missed the news, we are currently in the middle of a global pandemic. Although many shops are currently hiring temporary staff, it'll be next to impossible to find accommodation.

 

9 minutes ago, lilyluv said:

 i will have some money, but not enough to support myself. Are there any legal rights to this situation?

 

You can apply for Trennungsgeld if your husband earns enough.

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5 minutes ago, engelchen said:

 

Come back? Are you currently in Germany?

 

 

In case you've missed the news, we are currently in the middle of a global pandemic. Although many shops are currently hiring temporary staff, it'll be next to impossible to find accommodation.

 

 

You can apply for Trennungsgeld if your husband earns enough.

I have a ticket to come back on the 29 July. So things should be better then

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3 minutes ago, engelchen said:

 

You can apply for Trennungsgeld if your husband earns enough.

 

I'd like to add that you should do it asap because it will only be awarded starting from when you apply for it, not retroactively.

 

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4 minutes ago, lilyluv said:

I have a ticket to come back on the 29 July. So things should be better then

 

As Leon already mentioned Trennungsgeld will not be paid retroactively and you should apply for ASAP.

 

Get the Trennungsgeld sorted first and then see how things look in July.

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I need to be back in Germany anyway, as you cannot be out of germany for more than 6 mnths at a time

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2 minutes ago, lilyluv said:

but i am temporarily in the US til then

 

 

Read the wiki and then get a lawyer.

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the problem is that I have no money. i cant have a lawyer, no job yet as I have to be in germany to apply

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4 minutes ago, lilyluv said:

the problem is that I have no money. i cant have a lawyer, no job yet as I have to be in germany to apply

 

Then either get a job where you are, apply for Trennungsgeld through a German lawyer, and then consider coming back to Germany. Or just stay where you are.

 

The Frauenhäuser are already overburdened because of the pandemic and you can't expect to come back to Germany and find immediate assistance (and the next question is whether you'd be entitled to it either).  

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If you don't have money now and aren't currently working, your situation will not be better in July when you plan to return.  You can not find an apartment without money and even if you find a job right away, you will not get paid right away.

 

Trennungsunterhalt as of now would allow you to save up a bit before you return in July.  However, trennungsunterhalt depends on how much your husband is making as he is allowed enough to support himself first and if you get a job where you are, you will of course get less.  Your husband would probably be perfectly happy if you didn't come back and didn't apply for unterhalt because then he doesn't have to pay it.

 

As for the question whether he has to let you stay, it's a question whether you are on the lease.  If you are on the lease and you have the rental contract, you can call the police when you arrive and tell them he needs to let you in and they could make him.  However, your husband may have already talked with the landlord and taken you off the lease.

 

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3 minutes ago, lilyluv said:

but he wants me to sign papers, etc.

 

So tell him you will not come back to sign papers unless he lets you stay.

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4 minutes ago, lilyluv said:

but he wants me to sign papers, etc.

 

He can send the papers by mail.

 

Do you want to return to Germany? Is there any pressing reason for you to return?

 

I just don't understand what type of info you need.

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this is my life. I want to live and work in germany.  I took 3 yrs of german and integration course. ITs always been my dream to live in germany and get out of us. i have been living in europe for the past 11 yrs. It is a big thing for me

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11 minutes ago, lilyluv said:

but he wants me to sign papers, etc.

 

If husband wants you to sign papers so badly, he has to pay for your flight, accommodation in Germany, cost of living. Preferably a lump sum up front.

 

By the way, what papers? I would be very very suspicious of anythng HE wants you to sign. It will be in legal German and you might not understand what you are signing AWAY (alimony and other rights come to mind).

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