Rights in case of divorce and division of property

Questioner

My husband wants a divorce. We have been together for 11 years. We are married with a prenuptial agreement. Together we have designed, built and furnished a detached house, however, the house and part of the mortgage are in my husband's name. The remaining costs for the construction were paid from my own resources. There are children living at home. What are my rights, are there any judges at all to continue living there temporarily until a suitable home has been found.

Lawyer

Then the first question is who owns the house. Is the house registered in the Land Registry in the name of your ex? Then you are not a co-owner and you also have no right to continue living in the house. If you separate, you may request the ex-partner to leave the house immediately. Unless you have made other agreements together, for example in a cohabitation contract. Then you must adhere to these agreements. It is also possible that you both own half of the house. You bought it together with a cohabitation contract. In this case, read the contract carefully. It may contain agreements about who the house will go to if you separate. If you are joint owners, you have two options: one buys out the other or you sell the house. In this choice, you are largely dependent on your mortgage provider. They must determine whether one of you can pay the mortgage independently. If not, you will have to sell the house or postpone the decision about the house until a later time. If one of you can get the house in his name, he can buy out the other. You can also both decide to leave the house (temporarily) undivided, so not to sell it yet. In the covenant you can then include agreements about what to do in the period that the house has not yet been sold and how you want to deal with the future sale. It is also important that it is clearly described how you want or must deal with the house fiscally.