Assistance with legal housing issues

Questioner

In 2006, I bought a house together with my partner for €385.00 (including costs), for which I invested €145,000. My partner did not invest anything. The house is in both our names. During the transfer, my partner signed a promissory note to me for €72,500 at the notary. The relationship has been over for years and I want us to part ways. However, the house has now decreased in value by approximately €80,000. My partner refuses to sell because he would then have to pay the debt of €72,500. If the house is sold for, for example, €300,000, €32,500 can be paid from the sale, but €40,000 remains for him to pay to me as a residual debt. However, he has no savings, but he does have income from employment. He is almost 62 years old. I think it is fair that we both pay our share of the decrease in value. My question is how do I get out of this. I can't forgive him that €40,000 because I simply need the money to buy something else. Can I force him to sell the house and pay his remaining debt to me? The subject is completely taboo with him but I'm at my wits' end.

Lawyer

Of course, you can ask your partner to sell the house, especially now that the relationship has been over for quite some time. If your partner does not cooperate, you can ask the judge for a substitute permission, by means of a petition. You could also resolve this issue through mediation, which is usually much cheaper. If desired, you may contact me directly.

Questioner

Thank you for your quick response. It is nice to finally get some advice for this terrible problem that prevents me from moving on with my life. I have already suggested to him to seek mediation. But he simply does not want to talk about it. He does not want to take responsibility. And I do not know at all whether there is a chance that I can actually recover half of the loss from him. He may have signed a nice confession of debt, but you can't pluck a bald chicken from a bald chicken, I think. Without the 40,000 to €50,000 that he would have to pay me (= half of the probable loss) I simply cannot buy another decent home.

Lawyer

If it suits you, you may contact me directly for further information. (speaks a bit easier).