| A reimbursement of costs is also to be ordered only cautiously in matrimonial home matters according to Section 200 Paragraph 1 No. 1 FamFG. Something else applies if the allocation of the apartment is not based on a culpable inspection of the 1361b Para. 2 S. 1 BGB is based and in particular the interests of a minor child living in the household are decisive for the allocation of the marital home (OLG Karlsruhe 1.2.23, 18 WF 51/21retrieval no. 235250). |
About the costs according to § 81 Para. 1 S. 1 FamFG to decide according to the standard of equitable discretion. The law thus grants the court a wide scope for designing which costs of the proceedings are imposed on which party (cf. BGH 19.2.14, XII ZB 15/13). It may apportion the costs in whole or in part between the parties, offset the costs against each other or settle the costs separately with regard to the court costs and the extrajudicial costs of the parties, impose only certain costs on one of the parties and refrain from charging costs (§ 81 Para. 1 S. 2 FamFG) completely or partially refrain.
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PRACTICAL TIP | Since the court has a wide margin of discretion, you as the agent should not fail to present the basic decision on costs. You should therefore present aspects that speak in favor of the requested cost decision. |
(Communicated by VRiOLG Frank-Michael Goebel, Koblenz)