Parenting Plan and Separation Agreement Advice

Questioner

Good evening, My question concerns the parenting plan and separation agreement. The plan and agreement state that my ex will continue to live in the owner-occupied home with the children until it is sold. The mortgage must continue to be paid by both parties. Now it so happens that my ex has moved out of his own will My ex doesn't want this anymore because she can't afford it because she has been given a rental home. My question: can I force my ex to return to the house and/or force him to pay the mortgage as agreed? Thank you in advance for your answer.

Lawyer

Your ex-partner has a right to live in the purchased home, but no obligation. You can therefore not force your ex-partner to move back. This may be different if the contact arrangement can no longer be implemented as agreed. In that case, your ex-partner would have needed your permission for the move. Your ex-partner will have to adhere to the payment obligation for the mortgage repayments agreed upon in the covenant. If necessary, you can enforce this obligation through the court.