Terminating a cohabitation contract: what now?

Questioner

Dear, We are separating and ending our cohabitation contract. We are now reviewing this and have a question about it. Both have each invested 30,000 euros of their own money, the mortgage is divided into 1/3 - 2/3. The latter is neatly described in that in the event of an increase in value, 1/3 and 2/3 belong to both persons. however the following also states: e The partners are obliged to cooperate in ensuring that each partner is allocated and delivered what that partner has contributed without offsetting the value. Can I assume that the following applies to equity: Up to 30,000, the loss (surplus value is not 60,000) is divided 50/50, or is the entire surplus value divided 1/3 - 2/3? Thanks in advance for the advice.

Questioner

nb addition: Under a it states: 'They also share in the same proportion, being two-thirds for sub 1, one-third for sub 2. In the increase in value of that home and the build-up of the savings portion of the mortgage. Any future surplus value of the home is also shared in the aforementioned proportion.

Lawyer

There is a difference between equity in relation to the mortgage and appreciation. If you bought the house for the value of the mortgage plus 60,000 (each 30,000), then there is only an appreciation if the house yields more when sold than the original mortgage amount plus 60,000. It is also possible that you have invested in the house (for example a new kitchen, bathroom or other things) and want to settle those amounts first before there is an appreciation. The question is therefore whether and how 'appreciation' is defined in your agreements. If nothing has been agreed about it, then it seems to me that from the proceeds of the sale (after deduction of the mortgage) each of you will first get 30,000 back (or each a proportional (equal) part of that and everything that is more than that, is considered the equity.

Questioner

Thank you for your quick response. I also expect that what is meant by what is described under e is that everyone first takes out their stake before the division into 1/3 - 2/3 takes place. If the equity is below 60,000, this will mean dividing the equity by two, I understand? (dividing the loss)