Question about user compensation after divorce?

Questioner

My ex and I have been separated for two years now and own a house together with a mortgage. My ex pays half of the mortgage, in principle she was going to stay here, but after two months she moved in with her new boyfriend. (voluntarily) she also still has a key and can come and live here again whenever it suits her. I stayed living here until our house was sold. Now, however, she wants money for the pleasure of living that she has not enjoyed. Can she demand this?

Lawyer

The user fee is a fee that must be paid because the other person uses the home. The living pleasure is often determined by the possible missed return of around 4 percent, on half of the home's equity. A request for such a user compensation can be made at the time of the divorce proceedings, but also afterwards and with retroactive effect. The circumstances of the case play a decisive role in the determination of yes or no. In general, it must be stated that a condition applies that there is a surplus value, so the home must have increased in value and the mortgage debt is lower than the value.

Questioner

The house was sold at a loss, so there is no question of equity. We are both 50% owners with a cohabitation contract, this was not in my question. I don't know if this matters?

Lawyer

In my opinion, based on this information (no surplus value), there is no right to a usage fee.