Selling a Home after Inheritance: Legal Assistance

Questioner

My deceased ex and I have a house together, his family has rejected the inheritance (there are no heirs), now I want to put the house up for sale. The mortgage is in 2 names. I can sign under my part, but my ex's part?, I have already consulted the notary because the broker asked for a Certificate of Inheritance but he said you don't need that, go to a lawyer, now the lawyer is referring me back to the notary, it's going crazy. Is there really no solution for this? How do I make the house saleable?

Lawyer

The heirs of your ex or the person taking his place (the Dutch State) must give permission for the sale or redemption of the mortgage https://www.doehetzelfnotaris.nl/wat-gebeurt-er-als-er-geen-erfgenamen-bekend-zijn. Furthermore, I think you can request the Bank to release the heirs from joint and several liability.

Questioner

1)How do I involve the Dutch State in the sale of the property? 2)And is discharge from joint and several liability possible because my ex was co-owner and there are no heirs.

Lawyer

Ok I thought your ex was just a debtor and not a co-owner. Your notary should know all this. There is also a notary platform https://www.doehetzelfnotaris.nl/vraag-de-notaris/

Questioner

1)How do I involve the Dutch State in the sale of the property? 2)And is discharge from joint and several liability possible because my ex was co-owner and there are no heirs.

Questioner

1)How do I involve the Dutch State in the sale of the property? 2)And is discharge from joint and several liability possible because my ex was co-owner and there are no heirs.

Lawyer

The first link I gave describes how that works, I don't think the Bank will cooperate in the dismissal, partly because part of the positive ends up in the hands of an heir or substitute, this can also be the State. An inheritance or part of it cannot 'dissolve'

Questioner

I have read it, but how do I make the house saleable? I assume that the State of the Netherlands has to sign.

Lawyer

Yes, because the body that is involved in this has the task of settling the inheritances that do not belong to anyone. Again, a notary must know how it will proceed from here. You could ask for a second opinion elsewhere.