Ex wants to sell house instead of taking it over?

Questioner

I recently got divorced and in our divorce settlement it was agreed that my ex-partner would take over the mortgage. Now I bought a house and my financing reservation is almost expiring. Before I bought the house, his financial advisor said that he would have my ex's mortgage in 7 weeks. It's now been 8 weeks and it's still not working. My ex now wants to sell the house instead of taking over the mortgage. My question is, can he just do this? What if the house is sold for less than we estimated? Will I get less even though the amount was set at the time? Do I have to contribute to the deed of division? The divorce agreement states: The marital home, as well as the mortgage on this home, is assigned to the man on condition that the mortgagee releases the woman from her joint and several liability for the mortgage. The net surplus value is divided equally by the parties. The notarial deed of division (and delivery) will be passed no later than 3 months after the divorce decree has been registered in the civil registry. The costs related to the division (and delivery) of the marital home will be paid by the man.

Lawyer

The divorce settlement is a binding agreement between you and your ex-partner in which it was agreed that your ex-partner would take over the mortgage. It appears that your ex-partner has failed to meet this obligation, as the financing has not yet been completed after the agreed term. If your ex-partner now decides to sell the house instead of taking over the mortgage, this cannot simply be done unless new agreements are made and agreed upon by both parties. The divorce agreement is a legally binding document and cannot be changed unilaterally without the consent of both parties. If the house is sold for less than the estimated value at the time of the divorce, this will affect the division of the net equity. The agreement states that the net equity is divided in half, so if the sales price is lower, the final division will also be accordingly. The amount that was determined at the time is therefore not binding if the sales price is lower. As for the costs of the deed of division, the agreement states that these must be paid by the man. This means that your ex-partner is responsible for paying these costs.