Rights in joint residence after divorce

Questioner

My ex changed the lock of our shared home. So I can't get in anymore. Is this allowed and can I charge rent for moving in a new girlfriend?

Lawyer

You are a co-owner, the main rule is that you may not be prevented from accessing your property. However, if you have given your ex-partner permission to stay in the joint property - that is what it is all about, isn't it? - or the judge has awarded the home to your ex-partner in summary proceedings, then you as a co-owner have no business in the home. Your ex-partner may then decide for himself who stays in his house and does not have to pay you compensation for this. However, it is reasonable and fair if your ex-partner pays you compensation for the use of the house. It is common for both owners to share the fixed costs (mortgage repayment, municipal taxes, building insurance) of the home. The remaining costs are for the account of the person who continues to live in the house. Reasonable and fair is when the latter pays an amount to the other for the enjoyment of living. That amount is usually a percentage of the annual surplus value of the home. In a recent ruling, the court ruled that half of the basic costs of the home was reasonable and fair. Another possibility is an amount equal to 50% of the rent for an equivalent home.