[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 4 · Family law  ›  Title 5 · Effects of marriage in general › Section 1362

Presumption of ownership

(1) It is presumed to the benefit of the creditors of one of the spouses that the movable things that are in the possession of one of the spouses or both of them belong to the debtor. This presumption does not apply if the spouses are living apart and the things are in the possession of the spouse who is not the debtor. Bearer instruments as well as instruments made out to order and furnished with a blank endorsement are treated in the same way as movable things.

(2) It is presumed of the things intended exclusively for the personal use of a spouse, as between the spouses and between the spouses and the creditors, that they belong to the spouse for whose use they are intended.

←→ also move between sections