Home equity after divorce - Legal aid


Questioner

I bought a house last year with my now ex-girlfriend. She sold her own house with 10,000 equity and put that in a construction fund for this house. I didn't put anything in myself. We are not married, don't have a cohabitation contract and nothing else about finances has ever been put on paper. We are also just 50-50 homeowners. Now she has decided to leave and wants 100% of the equity on this house. The belongings have already been divided and she also gets 90% of the contents because I thought it was important since our daughter is going to live with her. Now my question is, to what extent is she entitled to the surplus value? I have now spoken to 1 lawyer who says that the surplus value on the house should simply be 50-50, but I have also spoken to a lawyer who says that she is completely within her rights. In fact, he told me that she can even make a claim with me if this surplus value is lower than 10,000 euros!

Lawyer

Any surplus value from the sale of the current home will accrue to both owners in proportion to their share in the home. In your case, this is 50-50. However, what your ex could argue is that she has invested more in the home than you have, so that this excess should first be paid to her from the added value, before any remaining added value is divided 50/50. I do not see on what grounds your ex would have a claim against you if the added value were less than €10,000.

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