Agency over the household is a rule of representation according to which the spouse who runs the joint household and has no income represents the other spouse in legal transactions of daily life, which he or she concludes for the household. In this case, the non-acting spouse becomes a business partner in the legal transaction.
The prerequisite for the existence of this agency is a joint household and that the acting spouse has no significant income—i.e. he or she must not be gainfully employed.
Prime examples of transactions that are subject to this agency are, for example, the purchases necessities for the household, the procurement of small furnishings or the purchase of home textiles. However, large purchases, such as the purchase of a new kitchen, are not included.
Agency does not exist if the other spouse indicates to the third party that he or she does not wish to be represented.
