Ex does not sign agreement.

Questioner

I got divorced 3 years ago. My ex suddenly left, I continued to live in the house with my 3 sons (now 2). I took care of all the costs. Mortgage, insurance, everything. The house is still in 2 names. In December I want to sell the house and move. I have hired a lawyer (my ex knows this but does not have the money for a lawyer). She has withdrawn money from the account many times (€8000). A covenant has been drawn up. A draft was sent to her in which she kept wanting changes. I agreed to everything, also on the advice of the lawyer to have her sign. She is also demanding things from 3 years ago such as clothing and baking supplies that are no longer there. The lawyer says that I have to pay compensation, but how long can she continue to demand this? In the end it was to her liking, and now she is not signing. She is not responding (or reading) to text messages. Emails from the lawyer are not being answered either. Everything is now at a standstill. Lawyer says coolly 'She'll sign in December'. So I'm now at the same point where I started six months ago. So I just have to wait this year? Lawyer says we can start a procedure but that it will cost 5000 euros. I don't have that money. I've also already paid all the lawyer's costs. I'm at my wits' end and don't know what else I can do without it costing me even more money.

Lawyer

Under Dutch law, it may be possible to start legal proceedings for the division of the home. However, this is often a costly and time-consuming process, something your lawyer will probably have already pointed out to you. It is possible that your ex-partner can be forced by the court to cooperate in the sale of the house, provided that you can demonstrate that you have a significant interest in the sale. You could demonstrate this significant interest by, for example, showing that it is financially untenable to remain in the current situation. In addition, you may be able to initiate a unilateral division procedure. The essence of this is that the judge can decide on the division if the other party refuses to cooperate. If your ex continues to refuse to cooperate, a penalty may be requested as a last resort. This is a financial penalty intended to ensure that she will cooperate with the sale. It is advisable to discuss the above options with your lawyer, as these scenarios depend on your specific situation. For example, is there a divorce agreement in which agreements are made about the division of the house? It seems that you have already tried to negotiate with your ex. If you cannot reach an agreement, mediation may be an option. This is often cheaper and less time-consuming than a lawsuit. In your particular situation and given the cost of litigation, it may be helpful to consider alternative solutions that your ex might accept and that would break the impasse. For example, perhaps she would agree to a reduced compensation for the missed business in exchange for her cooperation in selling the house. Although this advice is based on general information, a professional lawyer can give you more personalized and in-depth advice based on your specific situation. --------------- 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. Can we help you free of charge or refer you to the Divorce Shop? Call us during office hours on 040 2350422