Divorce & Modification of Provisional Measures

Questioner

I am in the process of divorce proceedings. The judge ruled that my ex-wife and two of my children (16 and 18 years old) can continue to live in our house until they have found another home. without specifying a date or other conditions. to report. I pay everything the mortgage, the taxes on the house, life insurance etc. I live with my mother together with a daughter of 21 years old. I don't know what to do, the situation as it is now can continue, I have offered to buy out my ex, but there is no response from her side. My lawyer proposes a request to change the interim measures. I do not know if it is useful to start this because it will cost a lot of money again, and I could perhaps take action on the judge's decision myself. please give your response

Lawyer

Modification of the interim measures may indeed be appropriate. You can also request that your ex-partner pays you a user fee for the use of the marital home. She is now probably eligible for higher allowances and possibly also a higher child-related budget, which means that she could also contribute. Furthermore, it is important for you that the substantive proceedings are started as soon as possible and that requests are also made in them regarding the right to use the home with payment of a user fee until the home is sold. Be it to you or to third parties. You could also consider entering into a mediation process with each other to see whether the division of the marital property (including the home) and the other relevant points (such as determining the primary residence of the children and determining child and spousal support) can be recorded in an agreement. You can then request the court to consider the agreements as set out in the agreement as incorporated in the divorce order.

Questioner

Thank you for your response. The problem is that as long as my ex stays in the house she can't apply for benefits, doesn't get a higher KGB and doesn't get higher allowances, because I'm still registered as the main resident. She herself has no income, she lives from what she has in her (savings) account. The main proceedings have already been held and the judge has therefore determined that she could stay in the house until she has found alternative housing, but the judge has not set a time in which she should leave. So I can only wait, and my ex is not making any significant efforts to obtain another house. (She had already promised that I could take over the house, but she does not sign the order)

Lawyer

If your ex refuses to cooperate in realizing the transfer of the house and the mortgage to you, I could request substitute permission from the court in summary proceedings in order to realize this. It also seems wise to me that your lawyer tries to persuade the other party to leave as soon as possible, given the circumstances you have described.

Questioner

Thank you very much for your response, is there no other way to arrive at a different statement? to come to court, or a correction of his ruling. in the lawsuit terms of 2 months to 6 months were mentioned. but in his ruling nothing of this can be found here. Also, according to the ruling, I would have already rented a house, which is not true and was never discussed during the trial, There is no possibility to get a review. It is very strange that such a vague statement is made. Kind regards,