Divorce and living in the same house for a year, is that possible?

Questioner

My ex and I own a house and have a registered partnership and a sweet daughter. We are currently at the stage where we want to divorce. My ex would like to continue living in the house for the next year. I don't see this as a problem because if we want to sell it, we will be dependent on each other for a longer period of time in this house and with the construction we want to be able to leave each other sooner and start processing it. The idea is that I will look for a rental apartment for 12 months and that she will cover the costs of the house for a year. This gives us both time to sell the house, and find something new that we will be happy with. My question, however, is if I were to do this, would it have any consequences for my position with the house during the sale? Can I lose my ownership rights, for example? Or do I just keep the same rights as before?

Lawyer

In the case of a divorce with a house purchase and a registered partnership, there are several factors that can affect your rights with regard to the house. If you and your ex-partner are both owners of the house (for example through a joint mortgage), you in principle have equal rights to the house and its sale, unless otherwise stipulated in an agreement or separation agreement. If you decide to look for a rental apartment and your ex-partner takes over the house for a year, this may affect your rights regarding the house during the sale, especially if no clear agreements have been made about this situation. It is important to consider the following points: Joint Ownership: If the home is jointly owned and there is no formal agreement about who will be responsible for the costs during the divorce, you could theoretically lose your share of the property if your ex-partner decides to keep the home and bears the full burden. In that case, it may be wise to formalize the agreements about costs and ownership in a divorce settlement. Prenuptial agreement or cohabitation contract: If you have a prenuptial agreement or cohabitation contract in which the ownership relations are regulated, then these conditions will be leading in the division of the house and the ownership rights. Children: The presence of your daughter can also affect the division of the house and other matters during the divorce. The judge will always put the best interests of the child first when making decisions. To prevent problems in the future, it is wise to record all agreements concerning the house and the divorce in writing in a divorce agreement. In this agreement you can clearly include the agreements about the house, the division of costs, and the property rights. The agreement can then serve as a guideline for the sale of the house. We would be happy to help you with your divorce. Please contact 040 - 40 2350422 or send an email to info@echtscheidingswinkel.nl to schedule a completely free intake interview to discuss the possibilities.