How can I force my ex-husband to buy or sell the house?

Questioner

On April 1, 2015 I officially divorced. We have 2 children aged 19 and 17. In the beginning we had co-parenting, but due to some poor choices made by my ex-husband, my children have been living with me for 4 years now. The co-parenting has been converted into alimony from the father to the children. (judicially enforced) At the beginning of our divorce, we agreed that we would leave the house undivided, so that the children would always have a safe haven. But since October 2017, they no longer live with their father. I would like to get rid of the house, but my ex-husband keeps dragging things out. He says he wants to take it over, but financially he cannot afford it. A seizure of 40,000 euros has now also been placed on his share of the house. Our agreement states: Article 4.6 The parties leave the house undivided for the time being. Article 5.2: The man may continue to live in the marital home for an indefinite period. The parties have agreed that the man determines when the house will be sold or when the man will buy out the woman. This is what I am struggling with. I have read that you can only leave the house in joint ownership for a maximum of 5 years and that the parties then have to come back to the table. Do I have a chance to force him to sell the house? I am currently living in a rental apartment with my 2 children and we would like to buy a house with more space.

Lawyer

I see good opportunities here. The covenant and the long period since then seem unreasonable. Especially since you are now living in a rented flat with two children. It would be wise for you to hire a lawyer who can first write to the gentleman to proceed with the sale/buyout. If he fails to do so, a procedure will have to be started at the court. There is a good chance that the court will then determine that the gentleman will have to buy out/sell after all. If you wish, you can contact me. I could assist you in this.