Legal Assistance with Divorce and Housing Issues

Questioner

My ex and I have been separated since May 2016 but we still live in 1 house. A house for sale in both our names. He receives the tax we get back for this in his account. This has been the case since we bought the house in April 2007. It amounts to about 300 euros a month. Of course he earns more, but I wonder if I am also entitled to a portion of the money received. I would also love to rent a house (I am registered but not for enough years) my ex says he wants to stay in the house. Can I also get a house faster? We have 2 minor children together. And he has a debt of about 11,000 euros. At the time I also had to sign something to act as guarantor. Now I have seen that I am a co-contractor. I do not know exactly what that means but I would like to get out of this. It is not my intention to pay for my ex's debt. Is there a way for this?

Lawyer

Well, it's all difficult. Certainly the question about leaving the house earlier and finding a rental home. The debt is now not in both names, but if your ex does not pay it back, they will come to you. Then you can in turn call on your ex, You really still have to arrange that you also receive a part of the monthly refund, in proportion to income or for half. Were you married or living together with a partnership or just living together?

Questioner

We were living together as far as I know. When we bought a house we always thought that we automatically had a cohabitation contract. I have asked my ex several times if he wanted to have the tax refund deposited into our joint account. He did not want this (and still does not). Otherwise he said he could not deposit enough money into our joint account.

Lawyer

What you can also do is keep track of what you still receive from him on a pro rata basis and if he then advances something, which is a large amount such as a washing machine or something, then you can settle this with each other later.