Assistance with legal questions about divorce and housing
Questioner
best Maybe you can help me, I'm really desperate now. Since the end of November 2011 I have been separated from my partner, I have 2 children in the family, 10 and 14, who are staying with my ex. I kept in mind not to put them out on the street, and after we broke up, I verbally agreed that she could continue living there with the kids. I registered her with the housing association, and told her to start applying for rental properties. She didn't have a job, so I deregistered from her home address so she could apply for social benefits. Since then wandering from friends to family etc. Every other weekend I have the children at the parents' house and then my ex leaves. March 2012 start payment of alimony €200,- for both children. April B&N lawyers filled out divorce papers, and since I did not believe at the time of the divorce that my ex would obstruct, I had it written in my agreement that, she had to actively look for a home, and that she was allowed to continue living there so that the housing association would provide her with suitable rental accommodation. She then changed the applicant's login code so I can no longer check whether she's actually responding to rental properties. She says she is, but I have my doubts. She has a job of approximately 85 hours per month x net €10. June 24 officially separated Utrecht court Until August, I paid for everything for my ex and the children regarding the house, including phone, internet, road tax, car care, etc. After that, I told her to gradually take things into her name, and that's how it went. We had several discussions about what the alimony would be (I still have no idea about that). Still wandering, but in a new relationship :), but I still stay at different addresses, and the moment I arrive at my parents' house because it is my weekend, tension arises which really bothers the children. Because of all the hassles of the divorce, one child, a 10-year-old boy, has been registered with youth services, and the other, a 14-year-old girl, has been working with social workers at school. Student achievement has plummeted, and the children are therefore the victims of our divorce. :( I told my ex, school, and social services that it would be best if the house were sold so my ex and the children could start over with a clean slate and no debt. I've also had it stipulated that all debts, including those arising from the marriage, are my responsibility. This includes the remaining mortgage debt, which will total €60,000 upon sale of the house. The house is my property and the mortgage and title deeds are in my name. As I mentioned, it's now April, and I've indicated in various ways that I want to pay off my debts and sell the house. I'm not under any illusion that the house will be sold within a year, so I asked her, "Would you at least cooperate in the sale?" My answer was no, it's my right to stay here, and I won't cooperate. You wanted this yourself, and if you put a sign in the yard, I'll file a lawsuit against you. Now my ex has little income, so she can litigate pro bono, while I see no way to hire a lawyer this way. And I'm not wealthy enough to afford a lawyer; I'll have to take out another loan for that. The strange thing is, I have a sufficient salary, but I have nothing left because I have to pay the house, alimony, my healthcare, insurance, and a $20,000 loan. I also have to pay for the children's sports until July 1st. So I have nothing left each month, and therefore I can't rent or buy a house because I still have the other one. I've also tried to discuss the matter through a mediator, but she's unwilling to cooperate. Since week 6, I've been sending her rental properties she could apply for, but I don't know if she's actually doing so. Her estimated income is 850 euros in salary, 240 euros in child-related budget and 200 euros in healthcare allowance, alimony and then 175 euros in child benefit per month. I think that reasonableness and fairness are hard to find here, and I also think that there is no proportionality of living pleasure in the house I paid for. In short, quite a story, but I want to realize the following things. sale of house (giving peace of mind to the children) sale of the house (which allows me to start paying off the remaining debt and get my life back on track) selling a house (no place for bad memories for the children) I am really at my wits end.Questioner
Dear questioner, The sale of the marital home is impossible to force, as you need a third-party buyer. However, you can demand a reasonable sale price and request substitute court approval if your ex refuses to cooperate. A vacant house also needs to be paid for and is vulnerable to squatting.Questioner
Dear Monique Sorry I don't understand your answer? I'd like to know how or in what way I can force my ex to leave the house so I can put it up for sale. If she stays in the house, and I were to sell it, I wouldn't be able to sell it because my ex doesn't want to leave due to the terms of the agreement. I also risk a 10% fine. I would like to hear how and what thank you in advanceQuestioner
Dear questioner, You can force her to comply with the covenant, provide proof of this upon request, and even request the court to grant her substitute consent if she refuses to cooperate with the sale. You will need a lawyer in this case.Questioner
Enforce the sale through the court using the agreement in hand. You will need a lawyer for this, as my colleague already mentioned.Take the next step
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