What should I do now that my ex no longer wants to transfer the house to me but still wants to sell it?

Questioner

I have been divorced for 3.5 years now. What has stuck with me all this time was our house. We decided with the divorce to have the house as joint property for the time being because of our son who was 7.5 years old at the time. It was better for him. A few months ago she indicated that I had to take it over or else we have to sell it (demonstrable via WhatsApp). I have chosen to take it over. I want to buy her out for 11,000 euros. She has agreed to this amount (demonstrable via WhatsApps). In the meantime I have arranged everything: valuation, real estate agent, notary, etc. Next week we have to sign at the notary. She has also signed papers herself such as: agreement for example: payment of life insurance to mortgage provider. Everything demonstrable via WhatsApp and email. Now she is threatening not to come and sign at the notary next week. She still wants to sell because she expects to get more money. If she does this there is a real problem. My question now is: What should I do if she doesn't show up at the notary next week? Do I have a strong case with a judge? Can I hold her liable for the costs incurred? I hope you can advise me as I am very concerned at the moment.

Lawyer

The agreements made must be adhered to by both of you, that is the main rule. You can hold each other to them. If the agreements are not adhered to, there may be liability for damages. The question is, what exactly are the agreements. Have you agreed on a specific final date for the transfer and the handling of the buyout amount of €11,000? It may be more constructive to have a new valuation carried out together, so that you can value the buyout amount. If you take that over, a reasonable interest on her side to prevent this will lapse: you can then enforce it.