(1) One spouse may demand, on the occasion of divorce, that the other spouse make available to them the matrimonial residence for their use if they depend to a greater degree than the other spouse on such use, taking account of the best interests of the children living in the household and of the circumstances of the spouses, or if so making it available is equitable for other reasons.
(2) If one spouse, alone or together with a third party, is the owner of the plot of land on which the matrimonial residence is located, or if one spouse, alone or together with a third party, enjoys usufruct or the heritable building right to the plot of land or an in-rem right of habitation running with the land, the other spouse may only demand that it be made available if this is necessary to avoid an inequitable hardship. The same applies to the title to residential premises and a permanent residential right.
(3) The spouse to whom the residence is made available accedes to the lease relationship entered into by the spouse obliged to make available the matrimonial residence for use, in the latter’s stead,
1. at the time of receipt by the landlord of the spouses’ notification as to the residence being made available, or
2. upon the final decision in the procedure to allocate the residence becoming final and binding
or continues alone a lease relationship entered into by both spouses. Section 563 (4) applies accordingly.
(4) A spouse may only demand the establishment of a lease relationship regarding a residence which the spouses have on the basis of a service or employment relationship existing between one of them and a third party if the third party consents or this is necessary in order to avert a severe hardship.
(5) If no lease relationship exists with regard to the matrimonial residence, then both the spouse who has a claim to its being made available for use and the person entitled to the tenancy may demand the establishment of a lease relationship at conditions that are customary locally. Subject to the prerequisites set out in section 575 (1), or if the establishment of an indefinite lease relationship is inequitable on consideration of the legitimate interests of the landlord, the landlord may demand a suitable time-limit to be set on the lease relationship. If no agreement is reached with regard to the amount of the rent, the landlord may demand a suitable rent, in cases of doubt the rent which is customary locally.
(6) In the cases governed by subsections (3) and (5), the right to enter a lease relationship or to its establishment ceases to exist one year after the final decision in the divorce case has become final and binding if it was not legally asserted prior to this date.