Separation agreement and housing advice
Questioner
Please advise. This concerns the paragraph below from the separation agreement, drawn up in 2008. My ex continued to live in the house after the divorce, the house of which I am a 50% owner. of ben. Back in 2011, as mentioned in the text below, and in the years after, said division (or any action) did not take place. Until now, because soon my ex wants to sell the house. The amounts mentioned in the separation agreement are outdated, the sales value is now higher than in the period 2008-2011. My question: Is it possible to change or delete this paragraph or should this paragraph, with its outdated data, be followed literally? Especially the last sentence: 'any higher surplus value will therefore accrue to the woman.' In other words, can I claim half of the surplus value now that the appraisal/sales value of the house is higher than stated in this paragraph? From the separation agreement: >>Parties first leave undivided the marital home, standing and located at A at xxxx, as well as the mortgage loan, resting on this real estate. The real estate has been appraised at a value of € 125,000.--. The mortgage loan is a savings mortgage of € 90,000.-- At the end of 2011, the parties still proceeded to divide these assets in such a way that the aforementioned amounts would be used as well as the status of the savings deposit in the savings life mortgage as of 1 January 2009. Any additional equity will therefore accrue to the woman.<<Lawyer
The assumption is that the distribution will take place in 2011. Since this has not taken place, the current prices and distribution based on 50% must be used. Do you have any questions? Please feel free to ask.Take the next step
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