Legal Advice on Divorce and Mortgage


Questioner

my girlfriend and i are breaking up, we have 2 children. she is on the mortgage deed. no cohabitation contract or anything like that. Now the house has a surplus value that my ex does not want any of, because I have paid for everything for years, she has never earned money. Now my question is: She is going to live in a rental house with my 2 children and then go on welfare. Can she get into trouble not claiming her share of the surplus value?

Lawyer

Good morning, This depends on the amount of equity. See https://www.rijksoverheid.nl/onderwerpen/bijstand/vraag-en-antwoord/wanneer-heb-ik-met-een-eigen-huis-recht-op-bijstand In a covenant you can record all agreements about the termination of the relationship. There may be other items (household effects, savings) that can be offset against the share of the equity of your former partner. In that case you record in the covenant that neither party is under or over-endowed. In other words: your former partner would not receive half of the equity, because she received, for example, the household effects at the same value. However, if your former partner clearly relinquishes half of the equity, the municipality could see this as a disadvantage in the assessment of a social assistance benefit.

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