Financial Security after Dissolution of Cohabitation Agreement: Protection and Strategy for Home Takeover

Questioner

On February 2, 2023, the cohabitation contract was terminated, after which my ex-partner moved into a rental home. We had agreed that he would give me time to keep the home and release him from joint and several liability. However, for the mortgage takeover I need a higher income. Since December 2022, I have been working in a new position, in which I have been working more hours as an employee since October of that year. As of January 1, 2024, I have further expanded my employment. I am currently discussing the takeover with a mortgage advisor. Gathering and completing the necessary documents understandably takes time. My ex-partner recently hired a lawyer for a valuation (21-12-2023). He proposes that the financing for the takeover must be ready within a month after receipt of the valuation report. In this case, he is released from the mortgage loan with a residual amount and he receives half of the surplus value (appraisal value minus remaining mortgage amount). If I cannot take over the house within this period, it must be sold to a third party. These terms conflict with our original agreements, and it seems that my ex-partner wants to evict me and the children, against our earlier decision to exempt him from joint and several liability without surplus value. I must give a substantive response by 7 January at the latest; the deadlines set seem to harm my interests. What rights do I have and how can I ensure a smooth transition without unnecessary risks? I hope for your understanding of this complex situation and am prepared to obtain legal advice to ensure a smooth transition.

Lawyer

1. Joint and several discharge: Joint and several liability means that both you and your ex-partner are responsible for the entire mortgage. If one of you cannot make the payments, the bank can hold the other liable for the entire amount. After the dissolution of the cohabitation agreement, it is up to you to take over the mortgage. This usually requires the approval of the bank, which will assess your personal financial situation, among other things. The bank will only transfer the mortgage to your name if it believes that you can bear the mortgage costs alone. 2. Equity: Your ex-partner's claim for half of the equity is logical in principle, since you both own the home. However, since you had made agreements about dissolving the joint and several liability without equity, it is wise to check whether these agreements are legally valid. 3. Dispute: If you disagree with the terms your ex-partner proposes, you can try to take the matter to court to present your side of the story. It may be helpful to provide evidence of your original agreements, such as emails or other documents. Starting with these points, it is wise to speak to a lawyer as soon as possible. It takes time to determine the best steps for your situation and the legal process can be lengthy. In the meantime, you could try to talk and negotiate with your ex-partner. It may be possible to find a reasonable solution together. Also remember that while this exploratory advice can give you a general idea, it should not be considered definitive legal advice. Housing and mortgage matters are complex legal issues and require the expertise of a professional lawyer or attorney. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.