Legal Advice on Mortgages and Divorce


Questioner

Good morning, I have the following problem; My ex and I have been separated since January last year. We have no contact at all, not even through my (not helpful at all) lawyer and his lawyer. We have a house that is still in both of our names. Now he really wants to get rid of this mortgage and has indicated through the estate agent what amount he wants for the house. I have already asked him several times to give a price and I have even made him several offers. However, he has completely refused these and there has been no response or anything whatsoever. Due to the crisis, the house has become much less valuable... also according to the estate agent. This has created an undervalue of a considerable amount, which means that you both have a residual debt. But for the amount he wants to ask for the house, he is not going to get it. The house will not be sold for that amount and I will not take it over. I am really not going to help finance his debt because he does not want any debt. Since we broke up, he has not paid a cent towards the mortgage or other costs. But I really want to get rid of this. I really want to move on with my life and move in with my boyfriend. Can you advise me on the best steps to take, since I believe my lawyer is serving his time until retirement. I can't do anything with this. But before I start looking for another lawyer, I would like some advice on whether this would be of any use. I look forward to hearing from you.

Lawyer

I understand that your divorce has been finalized (divorce decree has been registered), but the division has not. You can try to enforce division by means of a sale at market value through legal proceedings. It is a tricky point that a residual debt remains when selling at market value. It is advisable to first consult with the lender whether he is prepared to cooperate in a sale with a residual debt.

Lawyer

It is indeed correct that you can try to achieve the sale at market value through legal proceedings. In addition, you can request in legal proceedings that your ex continues to pay half of the mortgage and pays what he is in arrears. After all, you are usually jointly and severally liable for the payment of the mortgage amount. If you wish, you can contact me.

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