Keeping your home during divorce? Discover your options!

Questioner

I am in a divorce, we are married in community of property. We also own a house. I stayed in the house with the children and my ex-partner pays a part of the mortgage every month. Now he can no longer pay his share and wants the house to be sold. This is of course also part of the divorce. At the moment I cannot get the house in my name because of a dlk that still has to be paid. When this is paid off I can get a mortgage and keep the house. Is it possible that if we state in the divorce agreement that if I pay all costs, I can continue to live in the house for at least another year and then take the option to put the mortgage in my name. He will simply remain co-owner but will then be exempted from his contribution for this period of the mortgage. If it then turns out that the house has to be sold after all, he will of course receive or have to pay his share of the profit or loss. I will then also have a better chance of a rental house within my place of residence because my registration period will then be extended. I understand that this is a difficult question, I am curious who can answer it.

Lawyer

Of course, the supplement is an option if your ex cooperates. If he does not, you should consider getting substitute permission from the judge. You will need a lawyer for that.

Questioner

Dear Mrs. Ferwerda, Thank you very much for your answer. We already have a joint lawyer. I hope he will agree to this. I am super happy. Kind regards. .

Lawyer

I think you also need permission from the bank if you really want to establish a first purchase option on the house, this has to be discussed. Without the bank's permission, the encumbrance of the house cannot be made official.