{"product_id":"vragen-44601-enige-jaren-geleden-heb-ik-samen-met-mijn-toenmalige-partner-een-woning-gekocht-verdeling-volgens-a","title":"Legal Assistance with Housing Division after Cohabitation","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n A few years ago I bought a house together with my then partner. Division according to the deed 50-50 ownership and mortgage debt. Ex-partner used his own money when purchasing the house to be able to buy the house. Now the house has to be sold because we no longer live together and neither he nor I can afford the housing costs alone. How does the settlement proceed now? Sell the house, pay off the mortgage and of the surplus value first goes to the ex-partner that he invested in the house when purchasing it and the rest 50-50? What if the surplus value is less than what my ex-partner invested in the house at the time. Does he simply lose that or are there still financial consequences for me?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf this concerns a former marriage in community of property, then the surplus value is simply divided 50\/50. If this concerns a form of cohabitation and nothing else has been arranged (not even verbal agreements), then the division is in accordance with the law of the simple community in proportion to the share unless it appears from your cohabitation that you have shared everything.50\/50\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer. Can I conclude from this that if the equity is now less than what my ex-partner contributed at the time, he will simply lose the difference but cannot recover it from me in any way. And what happens to the part that has been saved (part of the mortgage is a savings mortgage) to pay off the mortgage, assuming that the proceeds from the home are at least as high as the mortgage debt. Is this also 50-50 or is this seen as equity. Thank you in advance for your answer.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf you have been married, the contribution of your partner's money has become part of the marital property and is therefore divided 50\/50 unless otherwise agreed in the agreement and this also applies to any residual debts. The savings portion must also be divided in this way.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n However, they are not married and do not have a cohabitation contract. Is the savings portion then still divided 50-50 or seen as equity because you pay off the mortgage with it. Or can you fill this in yourself because it is not mandatory to pay off the mortgage with it, but then the benefit is taxed in box 1.\n Thanks in advance\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The deed then determines the division (50\/50) unless you both had an internal agreement, verbally or on paper.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55017496019293,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-44601-enige-jaren-geleden-heb-ik-samen-met-mijn-toenmalige-partner-een-woning-gekocht-verdeling-volgens-a","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}